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LAWS 


FOR  E  ST C5  ^ 

THE  CITY  OF  RALEIGH^ 

CONTAINmO  ALL 


LEGISLATIVE  ENACTMENTS  RELATIVE  THERETO, 


AND  THE 

ORDINANCES 


OF  THE 

I 

BOARD  OF  COMMISSIONERS, 

NOW  IN  FORCE: 

FROM  THE  FIRST  ACT  OF  INCORPORATION, 


TO  1854. 


KALEIGII: 

SEATON  GALES,  PRINTER  AND  PUBLISHER. 


1854. 


f 


:  X. 


«3» 

■  w 


V  •  r 


Digitized  by  the  Internet  Archive 
in  2018  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/lawsforgovernmenOOnort 


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ACTS  OF  ASSEMBLY 

FOR  THE  GOVERNMENT  OF 

THE  CITY  OF  RALEIGH, 

- »-«~e - - 


ORDINANCE, 

:For  fixing  the  seat  of  Giovernment  of  North  Carolina.  1787 

'(Extract  from  the  Journal  of  the  House  of  Commons,  Thursday,  Decem¬ 
ber  6,  1787.] 

Resolved.,  That  it  be  recommended  to  the  people  of  this 
State,  to  authorize  and  direct  their  respective  representa¬ 
tives,  to  be  elected  for  the  purpose  of  deliberating  on  the 
federal  constitution,  to  fix  on  the  place  for  holding  the  fu¬ 
ture  meetings  of  the  General  Assembly,  and  the  place  of 
residence  of  the  chief  oflicers  of  the  State  ;  which,  when 
fixed,  shall  be  considered  the  unalterable  seat  of  govern- 
iinent  for  this  State. 


By  a  Convention  of  delegates  of  the  people  of  North  Care-  1788 
lina,  elected  pursuant  to  a  recommendation  of  the  Gene¬ 
ral  Assembly  of  the  said  State,  and  assembled  at  the  town 
of  Hillsborough,  on  the  twenty-first  day  of  July,  in  the 
year  one  thousand  seven  hundred  and  eighty-eight. 

An  Ordinance  for  establishing  a  flace  for  holding  the  fu¬ 
ture  meetings  of  the  G-eneral  Assembly^  and  a  place  of 
residence  of  the  chief  officers  of  the  State. 


4 


ACTS  OF  ASSEMBLY  FOR  THE 


of  gOT- 
Kfumpnt  tix- 
&d. 


AVhereas,  In  pursuance  of  a  recommendation  of  the 
General  Assembly,  passed  on  the  sixth  day  of  December, 
one  thousand  seven  hundred  and  eighty-seven,  this  Conven¬ 
tion  hath  been  elected  by  such  of  the  inhabitants  of  this 
State  as  are  entitled  to  vote  for  representatives  of  the 
House  of  Commons,  for  tbe  purpose  (together  with  that  of 
deliberating  and  determining  on  the  new  Constitution  of 
the  Government  of  the  United  States  of  America,  proposed 
by  the  late  Federal  Convention)  of  fixing  on  the  place  for 
holding  the  future  meetings  of  the  General  Assembly,  and 
the  place  of  residence  of  the  chief  ofiicers  of  the  State, 
which  place,  when  fixed,  is  to  be  considered  the  unalterable 
seat  of  Government  for  this  State :  And  whereas  this  Con¬ 
vention,  previous  to  their  voting  for  any  place  for  the  above 
purposes,  did  pass  a  resolution,  in  the  words  following,  viz : 

Resolved,  That  this  Convention  will  not  fix  the  govern¬ 
ment  at  any  one  particular  point,  but  that  it  shall  be  left  at 
the  discretion  of  the  Assembly  to  ascertain  the  exact  spot : 
Provided  always,  That  it  shall  be  within  ten  miles  of  the 
point  or  place  determined  on  by  this  Convention And 
whereas,  upon  a  ballot  being  taken,  pursuant  to  a  resolve  of 
tliis  Convention,  a  majority  of  the  said  Convention  voted 
tor  the  plantation  whereon  Isaac  Hunter  now  resides,  in  the 
county  of  Wake,  as  the  place  atj^vhich,  or  within  ten  miles 
of  which,  a  place  for  the  above  purposes  should  be  fixed  on 
!>y  the  General  Assembly,  agreeable  to  the  above  resolution  : 

Re  it  therefore  Ordained  by  this  Convention,  on  behalf  of 
the  jyeople  of  the  State  of  North  Carolina,  and  it  is  hereby 
Oi'dained  by  the  authority  of  the  same.  That  the  said  plan¬ 
tation,  whereon  the  said  Isaac  Hunter  now  resides,  or  such 
place  as  the  General  Assembly  shall  fix  upon  within  ten 
miles  of  the  said  plantation,  pursuant  to  die  true  intent  and 
meaning  of  the  above  recited  resolution  of  this  Convention, 
shall  be  the  place  for  holding  the  future  meetings  of  the 
General  Assembly,  and  the  place  of  residence  of  the  chief 
officers  of  the  State,  and  the  unalterable  seat  of  government 
> 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


5 


of  this  State,  except  by  the  authority  of  the.  people  in  Con¬ 
vention  met  for  the  said  purpose :  Provided  always^  That 
until  convenient  buildings  can  be  erected  on  the  said  place 
for  the  said  purposes,  it  shall  be  in  the  power  of  the  Gene¬ 
ral  Assembly,  from  time  to  time,  to  appoint  any  other  place 
or  places  for  the  meeting  of  the  General  Assembly,  and  for 
the  residence  of  the  chief  officers  of  the  State ;  anything 
in  this  Ordinance  to  the  contrary  notwithstanding. 

Ratified  in  Convention,  the  fourth  day  1 


of  August,  Anno  Domini,  1788.  / 

SAMUEL  JOHNSON,  President 

By  Order: 

X  Hunt,  Secretary. 


An  Act  to  carry  into  effect  the  Ordinance  of  the  Conven-  1791 
tion  held  at  HilUboroujh^  in  Jiily^  one  thousand  seven 
hundred  and  eighty-eight  entitled^  An  Ordinance  for 
establishing  a  place  for  holding  the  future  meetings  of  the 
Greneral  Assembly^  and  the  place  of  residence  of  the  chief 
officers  of  the  State  A 

[The  whole  of  this  act  but  the  following  section  has  had 
its  effect.] 

And  be  it  further  enacted^  That  the  place  which  the 
said  commissioners,  or  a  majority  of  them,  sliall  so  deter-  The  place  so 
mine  on,  shall  be  the  seat  of  government,  and  the  unaltera-  th^unaiS- 
ble  place  of  holding  the  future  assemblies  of  this  State,  ^ovlrnmea? 
and  the  place  of  resi<lcnce  of  the  chief  officers  of  the  State, 
agreeable  to  the  true  intent  and  meaning  of  the  recommen¬ 
dation  of  the  General  Ass  '  ubly,  and  the  ordinance  of  the 
Convention  hereinbefore  mentioned :  Provided  always^ 

That  until  convenient  buildings  can  be  erected  on  the  said 
place  for  the  purposes  aforesaid,  the  General  Assembly 
from  time  to  time  shall  have  power  to  appoint  any  other 


6 


ACTS  OF  ASSEMBLY  FOR  THE 


place  or  places  for  the  meeting  of  the  General  Assembljy 
and  for  the  residence  of  the  chief  officers  of  the  State,  not- 
withstanding  this  law. 


[•^^2  co')ifirm  the  proceedings  of  the  Commissioners^ 

appointed  under  an  act  at  the  last  Greneral  Assembly^  en¬ 
titled  An  Act  to  carry  into  effect  the  Ordinance  of  the 
Convention  held  at  Ilillshoro\  July  LT88,  entitled  an  Ordi¬ 
nance  for  establishing  a  place-  for  holding  the  f  uture 
meetings  of  the  General  Assembly ^  and  the  place  of  resi¬ 
dence  of  the  Chief  Officers  of  the  State  A 

Whereas,  a  majority  of  the  Commissioners,  appointed 
by  the  General  Assembly  under  the  above  recited  act,  to 
wit :  Frederick  Hargett,  Willie  Jones,  Joseph  McDowell, 
Thomas  Blount,  William  Johnston  Dawson  and  James  Mar¬ 
tin,  Esqs.,  in  pursuance  of  the  powers  and  authorities  in 
them  vested,  did,  on  the  fourth  Monday  of  April  last,  pur¬ 
chase  of  Joel  Lane,  Esq.,  one  thousand  acres  of  land  for 
the  use  of  the  public,  as  appears  by  a  deed  from  the  said 
Joel  Lane  to  Alexander  Martin,  Esq.,  Governor  for  the 
time  being,  for  the  use  of  the  State,  bearing  date  the  fifth 
day  of  April,  one  thousand  seven  hundred  and  ninety-two, 
adjoining  the  tract  whereon  the  said  Joel  Lane  now  lives, 
at  Wake  County  Court  House,  and  have  caused  to  be  laid 
off  thereon  the  plan  of  a  city  containing  four  hundred 
acres  of  land,  and  comprehending,  besides  streets,  two  hun¬ 
dred  and  seventy-six  lots  of  one  acre  each  ;  which  plan,  to¬ 
gether  with  their  proceedings  at  large,  they  have  reported 
to  this  General  Assembly  : 

I.  Be  it  therefore  enacted  by  the  General  Assembly  of  the 
State  of  North  Carolina,  and  it  is  hereby  enacted  by  the  au- 
thority  of  the  same.  That  all  and  singular  the  proceedings 
of  the  said  Commissioners  relative  to  the  premises,  be,  and 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


7 


the  same  are  hereby,  recognized,  confirmed  and  ratified, 
fully  and  completely,  to  all  intents  and  purposes. 

II.  And  be  it  further  enacted  by  the  authority  aforesaid^ 
That  the  plan  of  the  city  so  laid  off,  and  reported  to  the 
present  General  Assembly  by  the  Commissioners  aforesaid, 
shall  be,  and  the  same  is  hereby,  received,  confirmed  and 
ratified,  by  the  name  of  the  city  of  Raleigh  ;  and  the  seve¬ 
ral  streets  represented  in  the  plan,  and  the  public  square 
whereon  the  State  House  is  to  be  built,  shall  be  called  and 
forever  known  by  the  names  given  to  them  respectively  by 
the  commissioners  aforesaid  ;  which  plan,  together  with  the 
deed  for  the  land  purchased,  with  a  plat  thereof  annexed, 
shall  be  forthwith  recorded  in  the  Secretary’s  office. 

III.  And  he  it  further  enacted  by  the  authority  aforesaid^ 
That  the  public  square  composed  of  number  two  hundred 
forty -six,  two  hundred  forty-seven,  tw’O  hundred  sixty-two 
and  two  hundred  sixty-three,  shall  be  called  and  known  by 
the  name  of  Caswell  square  ;  that  the  public  square  com¬ 
posed  of  lots  number  two  hundred  thirty-eight,  two  hundred 
thirty-nine,  two  hundred  fifty-four,  and  two  hundred  fifty-five, 
shall  be  called  and  know'ii  by  the  name  of  Burke  square  ;  that 
the  public  square  composed  of  lots  number  one  hundred 
eighteen,  one  hundred  nineteen,  one  hundred  thirty-four 
'and  one  hundred  thirty-five,  shall  be  called  and  known  by 
the  name  of  Nash  square ;  and  that  the  public  square  com¬ 
posed  of  lots  number  one  hundred  ten,  one  hundred  eleven, 
one  hundred  twenty-six  and  one  hundred  twenty-seven,  shall 
be  called  and  known  by  the  name  of  Moore  square. 

IV.  And  be  it  f  urther  enacted  by  the  authority  aforesaid^ 
That  as  soon  as  the  State  House  now'  buildlnfr  on  Union 
square  in  the  said  city  of  Raleigh  is  fit  for  the  reception  of 
the  General  Assembly,  they  shall  adjourn  to  that  place ; 
from  w'hich  time,  all  the  chief  oflicers  of  the  State,  viz  : 
the  Treasurer,  Secretary  of  State  and  Comptroller,  shall 
hold  their  respective  offices  in  the  city  of  Raleigh,  which 
shall  be  thence  forward  held,  deemed  and  considered  the 


The  plwa,  ets 
of  the  city  r»-= 
tified. 


Names  of  th-sk 
pub.  squares 


When  th® 
Statu  Uoiise 
Ih  complete, 
the  fje^inla^ 
ture  t)  meet 
there,  ttC| 


ACTS  OF  Assembly  for  the 


permanent  and  unalterable  grat  of  the  Government  of  the 
State  of  North  Carolina,  and  the  place  of  residence  of  the 
chief  officers  of  the  State,  any  law  or  laws  to  the  contrary 
notwithstanding. 

Read  three  times  and  ^ 

ratified  in  General  !  WTLLMM  I ENOTR,  S'.  S. 
Assembly, this  31st  f  STEPHEN  CABARRUS,  S.  H.  C 
day  of  Sept.  1792.  J 

Copy :  J.  GLASGOW,  Secretary. 


1794.  An  Act  to  amend  an  act,  entitled  An  act  to  carry  into 
effect  the  Ordinance  of  the  Convention  held  at  Hillsho- 
rough,  in  July,  one  thousand  seven  hundred  and  eighty- 
eight,  entitled  an  Ordinance  for  establishing  a  place  for 
holding  the  future  meetings  of  the  General  Assembly, 
and  the  plaice  of  residence  of  the  Chief  Cffcers  of  the 
Stated’ 

Wheeeas,  The  said  act  requires  a  majority  of  the  Com¬ 
missioners  appointed  under  the  said  act,  to  sell  and  dispose 
of  the  lots  in  said  town  and  execute  deeds  for  the  same, 
which  number  cannot  conveniently  attend : 

1.  Be  it  enacted,  ^‘C.,  That  any  three  of  the  said  Com- 
S*”pioneM*  missions  shall  be  coin[  etent,  and  have  full  power,  to  sell  and 
dispose  of  the  lots  which  remain  unsold,  and  also  to  execute 
deeds  for  the  same  to  the  purchaser  or  purchasers;  and  to 
do  and  perform  all  acts  and  things  respecting  the  sale  and 
conveyance  of  said  lots,  which  a  majority  of  said  Commis¬ 
sioners  could  or  might  do. 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


An  Act  for  the  Regulation  of  the  City  of  Raleigh.  1794’5. 

Be  it  enacted  hy  the  General  Assemhly  cf  the  State  of 
North  Carolina^  and  it  is  hereby  enacted  hy  the  authority  of 
the  same^  That  John  Haywood,  Dugai  McKcethen,  Jonn 
Marshal],  John  Rogers,  Joini  Pain,  James  Mares  and  John 
Craven,  be,  and  they  are  liereby  appointed  Commissioners 
of  the  city  of  Raleigh ;  and  they  and  their  successors  in 
office,  chosen  and  qualihed  agreeable  to  the  directions  of 
this  act  shall  be,  and  they  are  hereby,  incorporated  into  a 
body  corporate  and  politic,  by  the  name  of  the  Commis¬ 
sioners  of  the  city  of  Raleigh :  And  by  that  name  to  have 
succession  by  the  election  of  free  men,  as  by  this  act  is  di¬ 
rected,  and  a  common  seal,  and  they  and  their  successors 
by  the  name  aforesaid,  shall  be  able  and  capable  in  law  to 
have,  purchase,  receive,  possess  and  retain  to  them  and 
their  successors  forever  in  trust  for  said  city,  any  lands, 
rents  and  tenements  of  what  kind,  nature  or  quality  soever. 

And  also  grant,  sell,  devise,  alien  and  dispose  cf  the  same  ; 
and  to  receive  and  take  any  gift  or  donation  whatever  to  the 
Said  city,  and  also  b}"  the  same  name  to  sue  and  be  sued, 
plead  and  be  impleaded,  answer  ami  be  answered  in  all 
Courts  of  Record  whatsoever,  and  from  time  to  time  at  all 
times  hereafter  to  make  such  rules,  orders  and  regulations 
and  ordinances,  as  to  them  sh-all  seem  meet  for  repairing 
the  streets,  appointing  a  constable  or  constables,  city  watches 
or  patrols,  making  proper  allotvances  by  fees  or  otherwise 
for  such  services,  and  for  all  such  other  necessary  ordinan¬ 
ces,  rules  and  orders  which  may  tend  '^o  the  advantage,  im¬ 
provement  and  good  government  of  the  said  city.  And  the 
said  rules,  ordinances  and  regulations  from  time  to  time,  to 
alter,  change,  amend  and  d  scontinue  as  to  the  said  Cem- 
inissioners,  or  a  majority  of  them,  shall  appear  necessaiy. 

And  also  shall  have  full  and  ample  power  to  enfoi  ce  a  com¬ 
pliance  and  observance  to  such  regulations,  by  laying  lines 
and  penalties  on  those  who  shall  refuse  or  neglect  to  con¬ 
form  to  such  rules  and  regulations,  not  exceeding  five 


10 


ACTS  OF  ASSEMBLY  FOR  THE 


First  net  of  pounds.  And  in  cases  of  slaves,  the  punishment  of  thirty- 

incorpora’i  n  ^  ^  '' 

repealed  by  lashes  *,  the  said  penalty  to  be  recovered,  and  tlie  pun- 

the  act  of  la-  ^  ^ 

ishment  to  1  e  inflicted  as  hereinafter  mentioned.  That  in 
case  of  the  death,  removal  or  refusal  to  qualify  of  any  of 
the  Commissioners  appointed  by  this  act,  a  Commissioner 
shall  be  elected  by  the  freemen  of  said  city,  in  the  room  of 
the  person  so  dead,  removed  or  refusing  to  qualify.  For 
which  purpose  It  shall  be  the  duty  of  the  Intendent  of  Po¬ 
lice,  and  in  his  absence  of  the  remaining  Commissioners,  to 
notify  the  sheriff  of  the  county  of  Wake  of  such  death  or  re¬ 
moval,  who,  upon  receiving  such  notice,  shall  as  soon  as  possi¬ 
ble  after  giving  ten  days  previous  notice  by  public  advertise¬ 
ment,  attend  by  himself  or  deputy,  at  the  Court  House,  or 
some  convenient  place  in  the  city  of  Raleigh,  and  at  ten 
o’clock  of  the  day  so  appointed  by  advertisement,  open  the 
poll  and  receive  the  tickets  in  presence  of  two  inspectors. 
And  when  the  election  shall  be  finished,  such  officer  and  in¬ 
spectors  shall  examine  and  number  the  ballots,  and  the  per¬ 
son  having  the  greatest  number  of  ballots  shall  be  declared 

o  o 


duly  elected  to  the  ofiBce  of  Commissioner.  And  the  sail 
sheriff  of  the  county  of  Wake  shall  perform  the  duties 
•  aforesaid  under  the  penalty  of  fifty  pounds  for  every  neg’ect 
or  refusal ;  to  be  recovered  b}^  action  of  debt,  before  any 
jurisdiction  having  cognizance  thereof,  by  any  person  who 
shall  sue  for  the  same  in  one  year  after  such  neglect  or  re¬ 
fusal,  one-half  to  the  prosecutor,  the  other  to  be  paid  to  the 
Treasurer  of  the  city  for  the  use  of  the  city.  And  the 
Commissioners  so  chosen,  and  those  appointed  by  this  act, 
shall,  before  they  enter  on  execution  of  their  offlee,  take  the 
following  oath  :  “  I,  A.  B.,  do  svrear  that  I  will  faithfully 
discharge  the  office  of  Comniisfcioner  for  the  city  of  Rale’gh, 
agreeable  to  law,  and  to  the  best  of  mv  knowledge  and 
judgment:  so  help  me  God.”  And  whereas  the  pioper  of¬ 
fice  of  the  said  Commissioners  is  that  of  making  bye-laws 
and  regulations  for  the  government  of  the  said  city :  and  it 
has  been  found  inconvenient  and  often  impracticable  to  call 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


11 


together  Commissioners  for  the  immediate  purpose  of  pun- act  of 

D  111  incnrpora  I  n 

ishing  offenders,  whereby  tbe  said  reeffations  are  never  reienjed  by 

o’./  o  net  of  ineor- 

properly  carried  into  effect;  for  the  remedy  whereof — 

Be  it  enacted.  That  the  Commissioners  of  the  city  of 
Raleigh  shall,  on  or  before  the  first  Monday  in  March 
next,  having  first  advertised  the  same  for  five  days,  meet  at 
the  Court  House  in  the  said  city,  or  some  other  convenient 
place,  and  elect  a  proper  person  to  act  as  Intendant  of  Police 
for  the  said  city,  wLose  duty  it  shall  be  to  enforce  obedience 
to  the  laws  and  punish  offenders ;  and  shall  be  and  is  here¬ 
by  authorized  to  issue  his  warrant  directed  to  the  sheriff, 
deputy  sheriff,  or  city  constable,  to  summon  all  the  offen¬ 
ders  against  the  laws,  rules  and  ordinances  made  and  pro¬ 
vided  for  the  regulation  of  the  said  city,  to  appear  before 
him,  and  on  their  conviction,  which  shall  be  in  the  manner 
of  trials  before  the  Justices  of  the  Peace,  the  said  Magistrate 
is  hereby  required  and  authorized  to  give  judgment  and 
award  execution  agreeable  to  the  laws,  rules  and  ordinan¬ 
ces  provided  for  the  government  of  the  said  city. — 

Vfhicii  warrant  or  execution  the  said  sheriff,  deputy 
sheriff  or  constable,  is  hereby  required  to  execute.  And 
on  such  trial  or  enquiries,  is  hereby  authorized  and  declared 
to  possess  all  the  necessary  power  to  administer  oaths,  and 
subpoena  and  examine  witnesses,  and  shall  take  the  follow¬ 
ing  oath  before  he  enters  on  the  execution  of  his  office  :  “  I, 

A.  B.,  do  solemnly  swear,  that  as  intendant  of  Police  for 
the  City  of  Raleigh,  I  w’iil  do  equal  right  in  all  cases  what¬ 
soever,  to  the  best  of  my  judgment,  and  accoi  ding  to  the 
law's,  rules  and  ordinances  mimic  for  the  good  government 
of  the  said  city  ;  all  fines  and  amercements  that  may  hap¬ 
pen  to  be  made,  1  Will  cause  to  be  duly  returned  to  the 
proper  officer  ;  and  in  all  things  belonging  to  my  office,  dur¬ 
ing  my  continuance  therein,  1  will  faithfully,  truly  and 
justly,  accord. ng  to  the  best  of  my  skill  and  judgment,  do 
equal  and  impai  tial  justice  to  the  public  and  to  individuals: 
so  help  me  God.”  Provided^  That,  in  all  cases  whatever, 


12 


ACTS  OF  ASSEMBLY  FOR  THE 


fivRt  »rt  pf  respecting  the  Tudcmentof  the  Intendant  of  Police,  in  con- 
wtof^irc^?  ‘‘^^^F^ncc  of  the  auohority  delegated  to  him  by  this  act,  any 
person  or  persons  being  dissatisfied  with  such  judgment,  he, 
she  or  they,  shall  have  the  liberty  of  appealing  therefrom 
to  the  Court  of  Pleas  and  Quarter  Sessions  for  the  county 
of  Wake. 

And  be  it  jurther  enacted,  That  no  person  shall  be  deem¬ 
ed  qualified  to  act  as  Commissioner  of  the  city  of  Raleigh, 
unless  he  hath  a  lot  of  land  therein,  with  a  dwelling-house 
in  the  same,  in  his  own  right  in  fee,  or  on  lease  for  one 
year  ;  and  that  all  freemen  who  are  liable  to  pay  taxes,  and 
have  been  inhabitants  of  the  said  city,  six  months  next  be¬ 
fore  and  at  the  day  of  election,  shall  be  entitled  to  vote  for 
the  Commissioners  of  said  c'ty,  and  no  others. 

And  he  it  further  enacted.  That  the  Commissioners  shall 
appoint  one  of  their  body  to  act  as  Treasurer  of  theeityfor 
one  year,  to  receive  and  account  for  the  city  monies — for 
which  a  regrlar  entry  must  be  made  in  a  book  kept  for  that 
purpose:  aid  upon  the  appointment  of  a  new  Treasurer, 
the  old  one  shall  immediately  pass  his  account  with  him, 
and  pay  any  balance  there  may  be  in  his  hands :  Provided, 
That  before  such  Treasurer  enters  on  his  oflice,  he  shall 
give  his  bond,  with  approved  security,  payable  to  the  Com¬ 
missioners,  for  the  faithful  discharge  of  his  duty. 

And  he  it  further  enacted.  That  the  Commissioners  of  the 
said  city  shall  choose  and  appoint  a  proper  person  to  be 
their  Clei-k,  of  the  said  city,  to  act  as  such  daring  good  be¬ 
havior  ;  who  shall  be  allowed  a  reasonable  salary,  and 
enter  into  borid  to  tlie  Coinmissioiiers  of  said  citv,  and  their 
successors,  witli  sufficient  securitv,  in  the  sum  of  two  bun- 
dred  nounds,  for  the  due  and  fahhful  execution  of  his  office, 
and  the  trust  n  posed  in  him,  for  the  safe-keeping  of  the 
books  and  papers  put  into  his  care ;  and  keeping  a  regular 
and  fair  Journal  of  the  proceedings  of  the  Commissioners, 
during  his  continuance  in  office.  And  all  persons  shall 
have  free  access  to  the  Journals  and  papers,  on  paying  two 


OOVERNMENT  OF  THE  CITY  OF  RALEIOH. 


U 


ehillings  to  the  clerk,  under  the  penalty -Qf  twenty  shillings 
for  every  refusal,  to  be  recovered  before  a  Justice  of  the 
Peace  for  the  county  of  Wake,  by  any  pei-son  v/ho  shall 
sue  for  the  same,  within  a  month  after  such  refusal,  one 
half  to  the  prosecutor,  the  other  to  be  paid  to  the  Treasurer 
of  the  city,  for  the  use  of  the  city. 

And  he  it  further  enacted,  That  the  Commissioners  of 
the  said  city,  or  a  majority  of  them,  shall  annually  levy  a 
tax,  not  exceeding  five  shillings,  on  every  hundred  pounds 
value  of  taxable  property  within  the  said  city ;  and  a  pro¬ 
portionable  poll  tax  on  all  persons  who  do  not  possess  in  the 
said  city  the  value  of  one  hundred  pounds  taxable  property ; 
which  tax  shall  be  collected  by  a  warrant  under  the  hands 
and  seals  of  the  Commissioners,  directed  to  such  person  as 
they  may  appoint  for  that  purpose.  And  the  Collector,  to 
be  appointed  as  aforesaid,  is  hereby  empowered  and  direct¬ 
ed  to  collect  and  make  distress  for  the  same,  in  like  manner 
as  Collectors  of  public  faxes ;  and  the  monies  arisng  there¬ 
from,  after  deducting  five  per  cent,  for  commissions,  shall 
by  him  be  paid  into  the  hands  of  the  City  Treasurer,  to  be, 
by  the  Commissioners,  or  a  majority  of  them,  applied  and 
laid  out  in  clearing  and  repairing  the  streets  and  public 
passages,  paying  officers  for  transacting  the  business  of  the 
.  city,  and  in  such  other  public  work  and  business  as  the 
■  Commissioners  may  deem  necessary. 

And  the  more  effectually  to  ascertain  the  taxable  pro¬ 
perty  within  the  said  city: 

Be  it  further  enacted,  That  every  inhabitant  thereof  shall 
yearly,  at  the  time  he  shall  give  in  his  taxable  property,  to 
be  assigned  for  the  use  of  the  State,  distinguish  in  the  list 
he  shall  return  what  part  tliercof  is  situated  within  the  said 
city :  and  if  any  inhabitant  shall  fail  so  to  do,  the  Commis¬ 
sioners  shall  and  may  order  the  city  tax  to  be  levied  to  the 
whole  amount  of  the  taxable  property  of  the  person  so  fail¬ 
ing  as  aforesaid,  although  part  thereof  may  not  be  within 
the  said  city,  anything  herein  contained  to  the  contrary 
notwithstanding^  and  it  is  hereby  declared,  that  every  per- 


First  act  of 
incorporati’ 
repealed  b 
act  of  incc*t 
p  o  r  atioa  of 
1830. 


St  K 


14 


ACTS  OF  ASSEMBLY  FOR  THE 


First  set  of 
Inoorporatl’n 
repealed  b  y 
act  of  incor- 
po ration  of 
1803. 


son  inhabiting  or  occupying  any  house  or  other  building,  or 
improvement,  or  lot,  within  the  said  city,  shall  be  liable  to 
the  payment  of  the  tax  thereof,  unless  the  same  shall  have 
been  returned  by  some  other  inhabitant :  Provided^  That  all 
persons  w’ho  ha\e  been  six  months  residing  in  said  city  shall 
be  subject  to  pay  taxes. 

And  whereas  encroachments  may  be  made  on  the  streets 
of  the  said  city,  by  erecting  piazzas,  porches,  platforms  and 
other  buildings  thereon,  and  the  inhabitants  and  others 
greatly  incommoded,  and  injury  may  arise  by  fire  being  com¬ 
municated  across  the  streets  thereby ;  for  remedy  whereof, 

Be  it  enacted,  That  the  Commissioners  are  hereby  em¬ 
powered  and  requested  to  order  all  such  encroachments, 
from  which  danger  may  be  apprehended,  to  be  removed, 
under  such  pains  and  penalties  as  they  shall  think  necessary 
to  impose.  And  where  any  encroachment  shall  be  found  on 
any  street  or  streets,  from  which  no  immediate  danger  is  to 
be  apprehended,  the  said  Commissioners  shall  impose  a 
ground  rent  not  exceeding  twenty  shillings,  to  be  annually 
paid,  for  every  foot  on  front  of  each  piazza,  platform  or 
other  encroachment  on  the  street,  adjoining  to,  or  being 
before,  any  one  house  or  tenement,  to  be  applied  to  the  pub¬ 
lic  stock  of  the  city.  And  if  any  person  shall  refuse  or 
neglect  to  pay  such  ground  rent,  the  same  shall  be  levied 
by  a  warrant  under  the  hands  and  seals  of  the  Commission¬ 
ers,  directed  to  a  constable  or  other  officer,  to  be  by  them 
appointed,  on  the  goods  and  chattels  of  the  defendant. 

And  he  it  further  enacted,  That  the  Intendant  of  Police 
and  Commissioners  of  the  city  of  Raleigh  be,  and  they  are 
hereby,  authorised  and  required  to  take  such  measures  as 
may  be  necessary  to  preserve  the  woods  and  timber  on  the 
public  land  in  and  adjoining  the  city  of  Raleigh. 

And  he  it  furtlur  enacted,  That  this  act  shall  be  and  re¬ 
main  in  force  until  the  first  day  of  January,  one  thousand 
seven  hundred  and  ninety-seven,  and  until  the  end  of  the 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


15 


aession  of  the  General  Assembly,  the  next  ensuing,  and  no 
longer. 


Read  three  times  and"' 
,  ratified  in  General 
Assembly,  the  7th‘ 
day  of  F ebruary,  A. 
D.1795. 


WM.  LENOIR,  S.  S. 

TIM’Y  BLOODWORTH,  S.  H.  C. 


A  true  copy : 


W.  HILL,  Secretary. 


An  Act  to  continue  in  force  an  entitled  an  Act  for  the  reg-  179  7 
regulation  of  the  City  of  Raleigh^  passed  in  the  year  1794. 

Be  it  enacted  hy  the  G-eneral  Assembly  of  the  State  of  North 
Carolina,  and  it  is  hereby  enacted  by  the  authority  of  the 
same.  That  an  act  of  the  General  Assembly,  entitled  “  An  continuM 
act  for  the  regulation  of  the  city  of  Raleigh,”  passed  in  the 
year  one  thousand  seven  hundred  and  ninety-four,  be,  and 
the  same  is  hereby,  continued  in  full  force ;  anything  to  the 
contrary  notwithstanding. 

Read  three  times  and^ 

ratified  in  General  !  WILLIAM  LENOIR,  S.  S. 

Assembly,  this  21st  [STEPHEN  CABARRUS,  S.  H.  C. 

day  of  Feb’y,  1797.  J 

Copy :  J.  GLASGOW,  Secretary. 


An  Act  to  revive  an  Act,  passed  in  the  year  one  thousand  1801 . 
seven  hundred  and  ninety -four,  for  the  regulation  of  the 
City  of  Raleigh,  and  to  amend  the  same. 

Be  it  enacted  by  the  G-eneral  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 


ACTS  OF  ASSEMBLY  FOR  THE 


iG 


1814, 


Regaled  hy  the  Same,  That  from  and  after  the  passinor  of  this  act,  the 

art  of  inc>r=  _  '  ^  ^  ^ 

of  said  act  be  and  the  same  is  hereby  revived  and  declared  to 
be  in  full  force  and  effect. 

And  he  itf  urtLer  enacted^  That  if  any  merchant  or  shop- 
Bat  this  (2d  keeper  shall  keep  his  store  open  on  the  Sabbath  day  for  the 
b^Mstclact  purpose  of  selling  or  retailing  anything  thereout,  or  if  he 
shall  sell  or  retail  any  merchandize  on  the  Sabbath  day,  he 
shall  forfeit,  for  each  and  every  offence,  the  sum  of  ten 
pounds,  to  be  recovered  by  the  Commissioners  of  the  city,  to 
the  use  of  the  same,  before  any  jurisdiction  having  cogni¬ 
zance  thereof. 

And  he  it  further  enacted^  That  the  proceedings  hereto¬ 
fore  done  and  transacted  by  the  said  Commissioners,  and  all 
Commissioners  since  elected  for  the  said  city,  the  said  acts 
and  proceedings  be,  and  are  hereby,  confirmed  and  ratified. 

Ayid  he  it  further  enacted  hy  the  authority  aforesaid, 
That  Joshua  Sugg,  William  Polk  and  Theophilus  Hunter 
be,  and  they  are  hereby,  appointed  additional  and  perma¬ 
nent  Commissioners  of  the  said  city  of  Raleigh,  and  shall 
^each  have  and  exercise  in  all  respects  equal  powers  and  au¬ 
thorities  with  those  vested  in  any  of  the  Commissioners 
heretofore  appointed,  or  vfho  shall  hereafter  be  appointed 
for  the  said  city,  as  well  by  voting  at  the  Board  of  the 
said  Commissioners,  or  otherwise,  and  in  all  other  respects ; 
.and  all  acts  and  clauses  of  acts  coming  within  the  meaning 
and  purview  of  and  all  other  acts  made  relative  to  the 
regulation  of  the  said  city  of  Raleigh,  be,  and  they  are 
'  hereby,  repealed  and  made  void. 


Read  three  times  and  rati¬ 
fied,  in  General  Assem-.  I  JO.  REDDICK,  S.  S. 
blv,  the  i8th  day  of  Dec.  (  S.  CABARRUS,  S.  H.  C. 

1801.  J 

A  .true  copy  ;  W.  HILL,  Secretary. 


^GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


Act  for  the  G-overnment  of  the  City  of  Raleigh^  and  for 
repealing  all  former  acts  passed  for  this  purpose. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
North  Carolina^  and  it  is  hereby  enacted  by  the  authority,  of 
,  the  same.,  That  the  governinent  of  the  city  of  Raleigh  shall 
-be  vested  in  an  Intendant  of  Police  and  seven  Commission¬ 
ers,  who  shall  be  chosen  annually  on  the  third  Monday  in 
January,  at  the  Court  House  in, the  said  city :  To  wFicli 
end,  the  Sheriff  of  Wake  county  is  hereby  required  to  give 
..ten  days  notice  of  such  election  by  public  advertisement, 
and  to  attend  by  himself  or  deputy  at  the  place  of  election 
by  ten  o’clock  in  the  forenoon,  to  open  the  poll  and  receive 
the  tickets,  in  the  presence  of  two  inspectors,  freeholders  of 
the  city:  and  when  the  election  shall  be  finished,  such  re¬ 
turning  officer  and  inspectors  shall,  in  the  presence  of  such 
of  the  electors  as  choose  to  attend,  examine  and  number 
the  ballots ;  and  the  persons  having  the  greatest  number  of 
votes  for  the  office  of  Intendant  of  Police,  shall  be  declared 
duly  elected  ;  and  the  person  Imving  the  greatest  number 
of  votes  as  Commissioners,  .shall,  be  declared  duly  .elected  ; 
and  if  the  said  sheriff  shall  neglect  or  refuse  to  give  the 
notice  hereby  directed  to  be  given,  or  shall  neglect  or  re¬ 
fuse  to  attend  as  required,  by  liimself  or  deputy,  on  the  day 
mf  eloetion,  he  shall  forfeit  fifty  pounds  for  every  such  neg¬ 
lect  or  refusal,  to  be  recovered  by  action  of  debt  before  any 
jurisdiction  having  congnizance  thereof,  by  any  person  who 
shall  sue  for  the  same  within  one  year  after  such  neglect  or 
refusal ;  oiie-lialf  to  go  the  informer,  the  other  lialf  to  the 
Treasurer  of  the  city,  for  the  use  of  the  city. 

II.  Be  it  enacted.  That  no  person  shall  be  deemed  quali¬ 
fied  to  act  as  Intendant  or  Commissioner  of  the  said  city, 
who  is  not  seized  in  fee  simple  of  a  lot  or  part  of  a  lot  with 
;,a  dwelling  house  there.on,  and  who  is  not  an  actual  resident 
within  the  limits  of  the  city.  And  tliat  no  person  shall  be 
deemed  qualified  to  vote  for  an  Intendant  or  Commissioners 
.2 


1803. 


G  overnment 
of  the  city 
Tested  in  an 
Intendant of 
Police  and'? 
Commission- 
e r s,  to  be 
c  h  o  8  en  an- 
n  u  a  1  ly  on 
the  3d  Mon* 
day  in  .Tanu' 
ary.  Sheriff 
to  give  ten 
days  notice. 


Sheriff  liable 
to  p  e  n  a  1  ty 
for  refusing 
to  giTe  notice 
of  election. 


Qunlificatioc 
of  Intendant 
Commission¬ 
ers  and, 'vo¬ 
ters. 


18 


ACTS  OF  ASSEMBLY  FOR  THE 


of  the  city,  who  has  not  been  an  actual  resident  within  the 
limits  thereof  for  three  months  preceding  the  day  of  elec¬ 
tion,  or  who  does  not  hold  a  lot  or  part  of  a  lot  therein. 

III.  Be  it  enacted^  That  the  Commissioners  and  their 
successors  in  office,  chosen  and  qualified  agreeably  to  the 
directions  of  this  act,  shall  be,  and  they  are  hereby  incor- 
porated  into  a  body  corporate  and  politic,  by  the  name  of 
missioners  of  “  The  Commissioners  of  the  city  of  Raleigh,”  and  by  that 
jiuieigh.’  name  to  have  succession  by  the  election  of  the  freemen  as 
by  act  directed,  and  a  common  seal ;  and  they  and  their 
successors  by  the  name  aforesaid  shall  be  able  and  capable 
in  law  to  have,  purchase,  receive,  possess  and  retain  to 
them  and  their  successors  forever,  in  trust  for  said  city,  any 
lands,  rents  and  tenements  of  any  kind,  nature  or  quality 
whatsoever,  and  also  grant,  sell,  devise,  alien  and  dispose  of 
the  same  ;  and  to  receive  and  take  any  gift  or  donation  what¬ 
ever  to  the  said  city :  and  by  the  same  name  to  sue  and  be 
sued,  answer  and  be  answered  in  all  Courts  of  Record,  or  if 
necessary,  before  any  single  magistrate,  and  from  time  to  time 
Duties  pro- at  all  timcs  hereafter,  to  make  such  rules,  orders,  regula¬ 
tions  and  ordinances,  as  to  them  shall  seem  necessary,  for 
repairing  the  streets,  for  erecting  public  pumps  and  keeping 
in  repair  those  already  erected,  for  regulating  the  public 
market  by  the  appointing  a  clerk  thereof,  or  otherwise :  to 
provide  for  the  strict  observation  of  the  Sabbath :  to  ap¬ 
point  a  Ranger  of  the  public  grounds :  to  appoint  a  consta¬ 
ble  or  constables,  city  watches  or  patrols,  and  to  make  them 
proper  allowances  by  fee  or  otherwise  for  their  services,  and 
also  to  make  such  other  rules  and  ordinances  as  to  them 
shall  seem  meet  for  the  improvement  and  good  government 
of  the  said  city ;  and  the  said  rules,  regulation's  and  ordi¬ 
nances,  from  time  to  time  to  alter,  change,  amend  and  dis¬ 
continue  as  to  the  said  Commissioners  or  a  majority  of  them 
shall  appear  necessary ;  and  shall  also  have  full  power  to 

Fines  and  enforco  a  Compliance  with  and  observance  of  such  rules  and 

penalties  for 

2e^rto°obey  ^regulations  by  laying  fines  and  penalties  on  those  who  shall 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


\M 


refuse  or  neglect  to  conform  to  them,  not  exceeding  five 
pounds ;  and  in  cases  of  slaves,  by  the  punishment  of  not 
exceeding  thirty-nine  lashes.  And  the  Commissioners,  be¬ 
fore  they  enter  on  the  execution  of  their  office,  shall  take 
the  following  oath:  I,  A.  B.,  do  swear,  that  I  will  faith-  oathofOom- 

°  .  .  .  p.  niissioners. 

fully  discharge  the  office  of  Commissioner  for  the  city  of 
Raleigh,  agreeably  to  law,  and  to  the  best  of  my  knowledge 
and  judgment:  so  help  me  God.”  - 

IV.  Be  it  enacted.  That  it  shall  be  the  duty  of  the  In-  Duties  aud 

^  powers  of  In- 

tendant  of  Police  of  the  city  of  Raleigh  to  enforce  obedi-  tendant  oi 

®  ^  ^  police, 

ence  to  the  laws  and  ordinances  of  the  city,  and  he  is  here¬ 
by  authorised  and  required  to  issue  his  warrant,  directed  to 
the  sheriff,  deputy  sheriff  or  city  constable,  to  summon 
■offenders  against  the  same  to  appear  before  him,  and  on 
their  conviction,  which  shall  be  in  the  manner  of  trials  be¬ 
fore  Justices  of  the  Peace,  the  said  Magistrate  is  hereby 
authorised  and  required  to  give  judgment  and  award  execu¬ 
tion,  agreeably  to  the  laivs,  rules  and  ordinances  provided 
for  the  government  of  the  said  city:  which  wan  ant  or 
■execution,  the  said  sheriff,  deputy  sheriff  or  constable,  is 
hereby  required  to  execute  :  and  on  such  trials  or  enquiries, 
the  said  Intendant  is  hereby  authorized  and  declared  to 
possess  all  the  necessary  powers  to  administer  oaths  and  sub¬ 
poenas  and  examine  witnesses  :  and  the  said  Intendant  shall 
take  all  bonds  required  by  this  act  to  be  given  by  the  offi¬ 
cers  of  the  corporation,  and  before  he  enters  upon  the 
■duties  of  his  office  shall  take  the  following  oath  :  ‘‘  I,  A.  i  n  tendanfs 

o  /  oath 

B.,  do  solemnly  swear,  that,  as  Intendant  of  Police  for  the 
city  of  Raleigh,  I  will  do  equal  right  in  all  cases  wiiatso- 
ever,  to  the  best  of  my  judgment,  and  according  to  the 
law^s,  rules  and  ordinances  made  for  the  good  government 
of  the  city :  all  fines  and  amercements  tliat  may  happen  to 
be  made,  I  will  cause  to  be  duly  returned  to  the  proper  offi¬ 
cer,  and  in  all  things  belonging  to  my  office,  during  my 
continuance  therein,  I  will  faithfully,  truly  and  justly,  ac¬ 
cording  to  the  best  of  my  skill  and  judgment,  do  equal  and 


20 


ACTS  OF  ASSEMBLY  FOR  THE 


ippeai  from 
»he  judg’cnt 
of  the  Inteii- 
dant  in  all 
oaaes  to  the 
iJout’y  Court 
of  Wake. 


intcndant 
r  e  fusing  to 
o  u  a  1  i  f  y  — 
f  '-Ode  of  elec¬ 
tion  prescrib¬ 
ed. 


''•OBiuiission- 
ers  refusing 
to  qualify— 
mode  of  elec- 
tioa  prescril - 
«d. 


Vppeintm’nt 
i  f  Treasurer 

K,ecp  an  ac- 
I  outrfc  of  re- 
I  eipts,  etc. 


i>Id  treasur’r 
to  pass  his 
account  to 
new  treasu- 
cer,  etc. 


dive  bond. 


Appointni’ut 
of  clerk. 


To  give  bond 
and  keep  a 
•■curnai  and 
i  rpcra. 


impartial  justice  to  tlie-  public  and  to  individuals  :  so  help 
me  God.”  Provided^  That  in  all  cases  'where  any  person 
or  persons  shall  be  dissatisfied  with  the  judgment  of  the  In- 
tendant,  be,  she  or  they  shall  have  the  liberty  to  appeal 
therefrom  to  the  Court  of  Pleas  and  Quarter  Sessions  for 
the  county  of  Wake. 

Y.  Be  it  enacted,  That  if,  at  any  time,  the  person  elec¬ 
ted  Intendant  of  Police  shall  refuse  to  qualify,  the  Com¬ 
missioners  shall  fix  upon  a  day  for  another  election,  and  the 
sheriff  shall  give,  ten  days  notice  thereof,  as  before  directed, 
and  shall  attend  by  himself  or  deputy,  at  ten  o’clock  of  the 
morning  of  the  day  appointed,  at  the  Court  House  in 
Raleigh,  in  order  to  proceed  with  the  election  in  the  man¬ 
ner  before  prescribed,  on  pain  of  a  like  forfeiture  for  neg¬ 
lect  or  refusal.  But  in  case  any  of  the  persons  elected 
Commissioners  shall  refuse  to  qualify,  the  remaining  Com¬ 
missioners  shall,  at  their  fiu’st  meeting,  (which  shall  be  held 
in  the  same  •week  in  'which  they  are  elected,)  fill  up  the 
vacancy  or  vacancies  by  ballot  among  themselves. 

YI.  Be  it  enacted,  That  the  Commissioners  shall  appoint 
one  of  their  body  Treasurer  of  the  city  for  the  year,  whose 
duty  it  shall  be  to  receive  and  account  for  the  city  monies, 
of  'which  a  regular  entry  must  be  made  in  a  book  kept  for 
that  purpose  :  and  upon  the  appointment  of  a  new  Treasu¬ 
rer,  the  old  one  shall  immediately  pass  his  account  with 
him,  and  pay  any  balance  there  may  he  in  his  hands  : 
Provided,  That  before  such  Treasurer  enters  on  his  office, 
he  shall  give  bond  with  approved  security,  payable  to  the 
Commissioners,  for  the  faithful  discharge  of  his  duty. 

Yll.  Be  it  enacted.  That  the  Commissioners  shall  ap¬ 
point  a  proper  person  to  be  tbeir  clerk  for  the  year,  who 
sliall  be  allowed  a  reasonable  salary,  and  shall  give  bond 
with  approved  security,  payable  to  the  Commissioners,  for 
the  due  and  faithful  execution  of  liis  office,  and  for  the  safe 
keeping  of  the  hooks  and  papers  put  into  his  possession, 
whose  duty  it  shall  be  to  keep  a  fair  and  regular  Journal  of 
•  the  proceedings  of  the  Commissioners:  and  all  persons 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


2\ 


shali  have  free  access  to  the  Journals  and  papers  of  the  Persons  may 

have  access 

Board,  on  paying  two  shilli-ngs  and  sixpence  to  the  clerk,  “  Journal 
under  the  penalty  of  twenty  shillings  for  every  refusal,  to 
be  recovered  before  the  Intendant  of  Police  or  anv  Justice 

*  tgf 

of  the  Peace  for  the  county  of  Wake,  within  one  month 
after  such  refusal ;  one-half  to  the  informer,  the  other  half 
to  the  Treasurer  of  the  city,  for  the  use  of  the  city, 

VIII.  Be  it  enactecL  That,  in  order  to  raise  a  sufhcient  Taxes  not 
fund  for  repairing  the  streets  of  the  city,  and  for  effecting  g^ery^lioT 
other  useful  and  necessary  purposes,  tlie  said  Commissioners 
are  hereby  authorised  to  lay,  levy  and  collect  annually  a 
tax  not  exceeding  ten  sbillmgs  on  every  himdrcd  pounds 
value  of  taxable  property  in  the  said  city ;  a  tax  not  ex¬ 
ceeding  ten  shillings  on  all  free  male  polls  residing  within 
the  limits  of  said  city,  and  who  have  resided  within  the 
same  three  months  previously  to  the  time  of  giving  in  the 
annual  tax  list ;  and  a  tax  not  exceeding  ten  shillings  on 
every  male  slave  of  twelve  vears  of  a^e  and  not  exceeding: 

4/  C/  O  O 


fifty,  working  within  the  limits  of  the  said  city ;  and  that, 
hereafter,  no  inhabitant  of  the  said  city  shall  be  compelled 
to  work  on  the  streets  thereof. 

IX.  Be  it  enacted^  That  the  inhabitants  of  the  city  of 
Raleigh  shall,  on  or  before  the  first  of  xVpril  in  every  year, 
give  in  to  the  Intendant  of  Police,  on  oath,  a  list  of  the 
taxable  property  of  which  they  are  at  that  time  possessed, 
with  the  free  male  polls  of  their  respective  families  (includ¬ 
ing  boarders,)  and  their  male  slaves  working  within  the 
Pmits  of  the  city:  and  if  any  person  shall  refuse  or  neg¬ 
lect  to  give  in  a  list  of  their  taxable  property  as  required, 
he  or  she  shall  be  liable  to  pay  a  fine  of  twenty  shillings. 

X.  Be  it  enacted^  That  within  one  week  after  receiving 
the  lists  of  taxable  property,  as  aforesaid,  the  Intendant  of 
Police  shall  make  a  return  thereof  to  the  Commissioners,  who 
filiall  thereupon  appoint  three  respectable  persons,  freehol¬ 
ders  of  the  city,  not  of  their  own  body,  as  Assessors  to 
value  the  several  lots  of  the  city  with  their  improvements, 


Tax  list  ta  ¬ 
ken  on  flw? 
April. 


What  poll-' 
taxable. 


Penalty  for 
neglecting  to 
give  in  taxa¬ 
ble  property 


intendant 
to  make  r- 
turri 


Appointrn’n  t 
of  Ariseppore. 


ACTS  OF  ASSEMBLY  FOB,  THE 


22 


Assessors  to 
make  return 
on  or  before 
1st  of  May 


A  s  sessors, 
Lou-  ralucd. 


.Hoard  to  lay 
tax. 


Aypointme’t 
of  Tax  Col¬ 
lector. 


Tax  to  be 
i-ollected  b  y 
1st  August. 

M  oney  collec¬ 
ted  for  taxes 
to  be  paid  to 
I  reasurer. 

Collector's 

allowance. 


T  e  n  a  n  t  s 
liable  for 
taxes  on  fail¬ 
ure  of  pro- 
p  r  i  etors  to 
pay. 


ilouimission- 
cr.s  autliori'd 
to  8  e  1 1  on 
failure  to  pay 

tnxe.s. 


J'uLlic  works 
to  be  done  by 
fontract. 


previous  to  the  tax  being  levied  upon  the  same :  and  tbe 
said  Assessors  sbal]  make  a  return  of  their  valuation  on  or- 
before  the  first  of  May.  And  as  the  citizens  appointed 
Assessors  cannot  with  propriety  value  their  own  property,  a 
value  shall  be  put  upon  it  by  the  Board  of  Commissioners* 

XI.  J^e  it  enacted^  That  as  soon  as  the  Assessors  shall 
have  made  a  return  of  their  valuation  to  the  Board  6f  Com¬ 
missioners,  the  Board  shall  immediately  proceed  to  lay  the 
tax  herein  directed ;  which  having  done,  they  shall  appoint 
a  proper  person  collector  of  tlie  said  tax,  and  after  taking 
bond  with  sufficient  security  for  the  amount  of  the  said  tax, 
payable  to  the  said  Commissioners,  shall  place  the  said  tax 
list  ill  his  hands  for  collection,  requiring  the  same  to  be  col¬ 
lected  by  the  first  day  of  August  ensuing  ;  and  the  said 
collector  shall  from  time  to  time  pay  the  monies  collected 
for  texes  into  the  hands  of  the  City  Treasurer,  after  deduc¬ 
ting  live  per  cent,  for  his  trouble  in  collecting  the  same. 

XII.  Be  it  enacted^  Tliat  every  tenant  occupying  a  house 
or  houses,  lot  or  lots,  within  the  said  city,  s-iull  be  liable  to 
pay  the  tax  herein  laid  upon  any  such  house  or  houses,  lot 
or  lots;  and  on  failure  of  the  proprietor  of  any  lot  to  pav 
the  annual  tax  thereon  hy  himself,  tenant  or  agent,  on  or 
before  the  first  day  of  August  in  every  year,  the  Commis¬ 
sioners  of  the  said  city  are  hereby  authorized  and  directed 
to  sell  the  same  at  public  vendue  to  the  highest  bidder,  for 
ready  mone}^,  first  having  advertised  such  lot  or  lots  for  si?* 
wrecks  in  the  State  Gazette :  and  after  deducting  from  the 
purchase  money  tlie  tax  due  on  each  lot  so  sold,  and  tlu- 
expense  attending  the  advertising  and  sclLng  thereof,  the 
residue  shall  be  paid  on  application  to  the  person  entitled 
lo  receive  the  same. 

.XIII.  Be  it  enacted^  That  the  necessary  repairing  of 
the  streets,  digging  of  wells,  erecting  of  pumps,  or  any  other 
public  business  in  said  city,  shall  be  let  to  the  lowest  under¬ 
taker  at  siuT  time  and  place  as  the  Commissioners  may  ap¬ 
point,  giving  at  least  ten  days  notice  thereof  by  advertise- 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


Zo 

ment.  All  proposals  for  executing  public  work  to  be  ad-  No  contract 

^  ^  ^  ^  to  be  under- 

dressed  in  writing!:  to  the  Commissioners,  but  no  contract  for  tf^en  by  a 

o  ^  Coin’iesioner 

public  work  shall  be  undertaken  by  a  Commissioner. 

XIY.  Be  it  enacted.  That  the  Commissioners  may  ffrant  Encroacb- 
the  privilege  of  erecting  porches  or  piazzas  on  the  front  of 
any  dwelling  house  already  erected  on  the  line  of  any  pub¬ 
lic  street :  Provided,  Such  porch  or  piazza  docs  not  exceed 
eight  feet  in  width,  or  if  eight  feet  in  width  has  no  steps  in 
the  front  of  the  same ;  and  provided,  tliat  no  bar  or  other 
enclosure  be  erected  therein  which  may  impede  the  air  or 
view :  and  that  such  encroachments  may  be  a  mean  of  as¬ 
sisting  the  city  funds,  the  Commissioners  shall  lay  a  tax  or 
ground  rent  on  them  annually,  not  exceeding  five  shillings 
for  each  foot  width  of  the  same.  And  that  the  Commis¬ 
sioners  shall  annually  cause  every  such  encroachment  to  be 
measured  and  entered  on  their  journals  with  the  number  of 
feet  which  it  is  in  width.  The  said  tax  or  ground  rent  to 
be  collected  and  accounted  for  as  the  other  taxes  are  col¬ 
lected  and  accounted  for  :  Provided,  That  no  steps  or  stoops 
entering  any  house,  and  flat  cellar  doors  without  roof  over 
them,  not  exceeding  four  feet  in  width,  shall  be  liable  to 
pay  a  tax  or  ground  rent. 

XY.  Be  it  enacted.  That  all  monies  arising  from  taxes.  Alimonies 

~  ^  paid  to  city 

fines,  donations,  or  from  other  sources,  for  the  use  of  the  'freasurer. 
city,  shall  be  paid  into  hands  of  the  City  Treasurer ;  and 
no  appropriation  shall  bo  made  but  by  a  Board  of  at  least  ^  Appropm- 

^  ^  ^  tions  hov  to 

a  majority  of  the  Commissioners;  and  no  money  shall  be^®^*^^®- 
drawn  from  the  City  Treasurer,  but  by  a  warrant  signed  by  iio^Y^^be 
the  Chairman  of  the  Board,  and  countersigned  by  the  Clerk 
of  the  corporation. 

XYI.  Be  it  enacted.  That  tlie  Commissioners  for  the  time  com’ssiouert. 

toreceiTc 

being  are  hereby  declared  to  have  full  power  to  receive  any  arrears 
arrears  of  taxes  that  may  be  due  from  any  of  the  citizens,  ^loncys. 
and  also  to  recover  any  sum  of  money  which  may  remain  in 
the  hands  of  any  former  Board  of  Commissioners,  Treasu¬ 
rer,  Collector,  Ranger,  or  any  other  person,  due  to  the  city 
fund. 


24 


ACTS  OF  ASSEMBLY  FOR  THE 


C-om’FPioners 
to  make  cut 
annual  tran* 
script  of  re¬ 
ceipts  &  dis¬ 
bursements. 


Penalty  for 
failing  to 
ocmply. 


IhitjofCom*- 
missionersin 
case  of  fire. 


Hogs. 


Slaves,  free 
negroes.  Sic., 
not  permit’d 
to  keep 
house  with¬ 
out  license 
Citizens  not 
to  deal  with 
slaves. 


Board  to 
grant  license 
for  retailing 
spirituous 
liquors. 


.Persons  re- 
tiiling  ppii-i- 
toua  liquors 
without  li¬ 
cence,  liable 
to  a  penalty. 


XVII.  Be  it  enacted,  That  it  shall  be  the  duty  of  the 
Board  of  Commissioners,  to  make  out,  or  cause  to  be  made 
out,  annually,  a  fair  transcript  of  their  receipts  and  dis¬ 
bursements  for  the  said  city,  for  the  general  inspection  of 
the  citizens,  one  week  at  least  previous  to  the  day  by  this 
act  appointed  for  the  annual  election  of  the  said  Commis¬ 
sioners.  .  And  the  Commissioners  failing  to  comply  with  the 
same  shall  forfeit  and  pay  the  sum  of  fifty  pounds,  to  be 
recovered  by  any  person  who  shall  sue  for  the  same  within 
twelve  months  after  such  offence,  before  any  jurisdiction 
having  cognizance  thereof.  One-half  to  the  informer,  the 
other  half  to  the  Treasurer,  for  the  use  of  the  city,  which 
sum  shall  be  levied  on  the  proper  goods  and  chattels  of  the 
said  Comraissio-ners  or  either  of  them. 

XVIII.  Be  it  enacted.  That  in  case  of  fire  breaking  out 
in  any  part  of  the  city,  the  Commissioners,  or  a  majority  of 
them,  shall  have  full  power  to  do  wha,tever  they  may  deem 
necessary  to  stop  the  progress  of  the  calamity,  even  to  the 
causing  adjoining  buildings  to  be  ’aken  down  or  blown  up, 
without  being  answerable  for  any  damages  to  the  owner  or 
owners  of  t1ie  property  so  destroyed. 

XIX.  Be  it  enacted,  That  the  Commissioners  shall  have 
power  to  make  regulations  for  preventing  hogs  running  at 
large  in  the  city. 

XX.  Be  it  enacted.  That  the  Commissioners  shall  have 
power  to  prevent  slaves,  free  negroes  or  persons  of  color 
from  keeping  houses  without  a  license  from  t '  o.  Commission*' 
ers,  and  also  to  prohibit  citizens  from  dealing  with  slaves 
not  having  tickets  from  their  master,  mistress  or  overseer. 

XXI.  Be  it  enacted.  That  no  person  or  persons  shall  be 
licenced,  or  permitted,  to  sell  liquoi'S  by  the  small  measure 
in  the  said  city,  without  the  permission  of  the  Board  of 
Commissioners,  previously  had  and  obtained  in  writing  ;  any 
law,  usage  or  custom  to  the  contrary  notwithstanding  :  and 
that  any  person  who  shall  retail  spirituous  liquors  by  the 
small  measure  in  said  city,  without  having  first  obtained  the 


CJOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


permission  of  the  Commissioners  as  aforesaid,  shall  forfeit 
and  pay  the  sum  of  ten  pounds,  to  be  recovered  before  the 
Intendant  of  Police,  or  any  jurisdiction  having  cognizance 
thereof,  by  any  person  or  persotis  who  shall,  within  one 
year  after  the  offence  is  committed,  sue  for  the  same,  the 
one-half  to  the  use  of  the  informer  or  informers,  the  other 
half  to  the  use  of  the  said  city. 

XXII.  Be  it  enacted.  That  the  Commissioners  of  the 
city,  at  their  first  meeting  annually,  shall  fix  their  stated  monthly, 
days  of  m.eeting  for  the  year,  which  shall  be  at  least  once 
every  month,  and  if  any  Commissioner  shall  fail  to  attend  ^  .  . 

such  meeting,  or  any  special  meeting  of  which  he  may  have  fo° 

notice  in  writing,  (unless  prevented  by  sickness,  or  such 
causes  as  shall  be  satisfactory  to  the  Board,)  ho  shall  forfeit 
twenty  shillings,  to  be  rec  ,vered  before  the  Intendant  of 
Police,  or  any  Justice  of  the  Peace  for  the  county  of  Wake, 
for  the  city. 

XXIII.  Be  it  enacted.  That  all  laws  heretofore  passed 
for  the  regulation  of  the  city  of  Raleigh  be,  and  they  are 
hereby  repealed,  and  made  void. 


Read  three  times  and' 
ratified  in  General 
Assembly,  the  7th 
day  of  liccember, 
A.  D.  1803. 


JOSEPH  RIDDICK,  S.  S. 
S.  CABARRUS,  S.  H.  C. 


A  true  Copy : 


W.  HILL,,  Secretary^ 


' .  An  Act  for  the  appointment  of  Auctioneers.  |  SOfi.- 

I.  Be  it  enacted  by  the  G eneral  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same.  That  the  Commissioners  of  the  city  of  Raleigh,  Auctioneers, 
and  the  towns  of  Salisbury,  Hillsborough,  Halifax,  Eden-  pointed 


26 


ACTS  OF  ASSEMBLY  FOR  THE 


The  subsft-ton,  Washington,  Newborn,  Wilmington  and  FaTettevillc, 

quent  act  of  ^  ^  '' 

i^t^Monday  have  powcr,"  immediately  after  the  next  election  after 
lacifjSr  fir  passing  of  tliis  act,  and  from  time  to  time,  to  appoint 
aSonSsf  more,  not  exceeding  three  persons,  to  act  as  auction- 

b  ™n  shall  give  bond  with  two  securities,  in  the  sum  of 

iSS?eSn’ry  thousaud  pouuds,  to  bo  filed  in  the  clerk’s  office  of  the 
county  in  wdiicn  said  city  and  each  of  said  towns  are  res¬ 
pectively  situated :  and  the  auctioneers  so  appointed  shall 
exclusively  have  the  right  of  selling  by  auction  property  of 
every  kind,  which  shall  be  exposed  for  sale  at  auction  in 
said  city  and  towns  respectively,  except  as  hereinafter  ex¬ 
cepted. 

II.  And  he  it  further  enacted^  That  said  auctioneers 
shall  be  authorised  to  demand  and  receive  fromi  any  person 
TOSsionT  I'Gquiring  their  services,  such  commissions  as  they  may  mu- 
tually  agree  upon,  and  for  ivant  of  such  agreement  not  more 
than  three  and  one-half  per  centum;  and  they' shall  keep  a 
correct  account  on  all  sales  by  them  made,  which  shall  at 
all  times  be  subject  to  the  inspection  of  said  Commissioners, 
or  any  person  they  may  appoint ;  and  also  on  the  payment 
of  one  shilling  for  a  search,  to  that  of  any  other  person  in¬ 
terested  therein,  provided  such  interested  person  shall  have 
no  right  to  examine  any  part  of  such  books,  except  such  as 
may  relate  to  his  or  her  own  particular  concern. 

A II  rlioneers  III.  And  he  it  further  enacted.  That  said  auctioneers 

to  pay  one  * 

per  cent,  on  shall  vcarly,  on  such  day  as  may  be  appointed  by  saklCom- 
amount  of  jQigsiQYjQpg  p^y  one  pci'  ceiit.  on  the  total  amount  of  all  sales 

sales  to  the  j  i  J  i 

6y  them. 

IV.  And  he  it  further  enacted.^  That  if  any  of  said  auc- 
tioneers  shall  fail  or  refuse  to  account  for  and  pay  the  pro¬ 
ceeds  of  any  sale  by  them  made,  it  shall  and  may  be  law¬ 
ful  for  the  person  entitled  thereto  to  enter  up  judgment  in 
the  County  or  Superior  Court  of  the  coun^'y  in  which  each 
of  said  city  '  nd  towns  are  respectively  situated,  ten  days 
previous  notice  being  given  to  the  auctioneer.  But  if  said 
auctioneer  shall  deny  the  whole  or  any  part  of  the  claim  of 


GOVEllNMENT  OF  THE  CITY  OF  EALEIGH. 


•27 


the  plaintiff,  a  jury  shall  be  impanelled  imtanter  to  try  any 
issue  made  up  thereon ;  and  the  said  auctioneers  and  plain¬ 
tiffs  respectively  shall  be  entitled  to  summon  ■witnesses  to 
appear  at  the  term  or  session  to  -which  notice  of  an  inten¬ 
tion  to  enter  up  judgment  shall  have  been  given  :  Provided, 
nevertheless,  That  nothing  herein  contained  shall  extend  or 
be  construed  to  extend  to  any  sale  made  by  order  of  any 
court,  or  by  any  sheriff,  coroner  or  constable,  by  virtue  of 
his  office,  or  of  the  goods  and  chattels  of  any  deceased  per¬ 
sons  or  minor,  or  the  sale  of  any  goods  and  chattels,  the 
property  of  the  vendor  :  Provided  ahvays,  That  this  act 
shall  not  prevent  any  person  from  selling  his  own  property 
at  public  auction. 


JO.  RIDDICK,  S.  S. 
J.  MOORE,  S.  H.  C. 

W.  HILL,  Secretary. 

'  V 


Copy 


An  Act  dividing  the  City  of  Raleigh  into  three  Wards,  1806- 
and  to  amend  an  Act  crditied  An  Act  for  the  Cfovei'n- 
ment  of  the  City  of  Raleigh,  and  for  rejjealing  all  for¬ 
mer  Acts  2)<^ssed  for  this  purpose.' ' 

r 

IYaereas,  Many  of  the  inhabitants  of  the  City  of  Ra¬ 
leigh  liave  petitioned  this  General  Assembly  to  amend  the 
above-mentioned  act,  by  dividing  the  city  into  Wards,  and 
providing  for  the  appointment  of  Commissioners  from  each 
and  every  of  such  \Yurd  respcctivcl}^  in  order  that  the 
^vholc  of  the  inhiJ)itants  may  be  equally  represented,  and 
the  monies  levied  and  collected  from  them  applied  accord- 

i»gb' : 

Sec.  I.  Be  it  enacted  hy  the  G eneral  Assemhly  of  the  State 
<f  North  Carolina.,  and  it  is  licrehy  enacted  hy  the  authority 


28 


ACTS  OF  ASSEMBLY  FOR  THE' 


ciTidiR?  the  of  the  saim.  That  from  and  after  the  passing  of  this  act 

n%y  into  3  ,  ,  .  .  .  ^ 

wsrds,  and  the  City  of  Raleio'li  shall  be  divided  into  three  separate 

appointin"  »/  o  .  ^  ^  i. 

commission-  Wavd's,*  to  wit All  that  part  of  the  said  citv  Ivino;  East  of 
Ward.  Yfilndngton  and  Halifax  streets  shall  compose  one  Ward, 
to  be  styled  the  Eastern  Ward :  ail  that  part  thereof  which 
lies  West  of  Salisbury  and  Halifax  streets  shall  compose  a 
Ward,  to  be  styled  the  Western  Ward,  and  the  remaining 
part  of  the  said  city  shall  compose  one  other  Ward,  to  be 
styled  the  Middle  Ward';  and  the  sheriff  of  the  county  of 
A.mendedby  Wakc  sliall  liold  an  elcctiou  annually  at  the  place  and  on 
1811,  the  day  heretofore  appointed  by  law  to  elect  five  Commis¬ 
sioners  for  the  Middle  W ai  d,  three  for  the  Eastern  Ward,  and 
one  for  the  Western  Ward,  to  be  chosen  by  and  from  the 
aheriff  to  irdiabitants,  residing  'vithin  their  Wards ;  and  to  that  end, 

bold  an  elec-  _  ’  o  ’  ^  ^ 

tionashere-  the  slicriff  shall  liave  three  boxes,  one  to  receive  the  tickets 

tofore. 

of  each  Ward  separately,  and  when  the  election  is  closed,, 
the  tickets  shall  be  counted  out  of  each  box  by  the  sheriff, 
t^e^ct^rei^  dcput}^,  and  the  persons  having  the  greatest  number 

votcs  ill  cach  of  tlic  boxes,  shall  be  declared'  duly  elec- 
UpeaTedf  tud  Commissioners  for  tlie  current  year,  and  shall,  within 
their  Wards  respectively,  be  vested  with  all  the  poivers  and 
authorities  which  the  Commissioners  of  the  citv  of  Raleigh 
tionr.fCom- may  now^  Jawiully  exercise;  and  in  the  same  manner  Com- 

XTli^fllOCGrP*  **  Till  111"™-  1  T*  A  l 

intendantof  niissioiiers  Siiali  bc  olectcd  tor  each  succeeding  year.  And 
€ieote.i.  the  Iiitendant  of  Police  shall  be  elected  as  heretofore  by  the 
whole  of  the  electors  of  the  citv, 

%f 

II.  And  he  it  further  enacted.  Tha--  ’.he  taxes  w^hicli  shall 

This  section  *  . 

repealed.  hcreaftcr  he  levied  and  collected  iu  each  Ward  shall  be 

« 

laid  out  by  the  Commissioners  thereof  for  the  ’inprovement 
and  benefit  of  their  Wards  respectively,  and  not  otherwise, 
lotsfafd'ugto  further  enacted  hy  the  authority  aforesaid. 

K  Ire^nL’  That  in  all  cases  where  the  owmer  or  owmers  of  any  lot  or 
lots,  01'  pai’ts  of  lots  ill  tliC  Said  city  or  the  occupants  there¬ 
of,  shall  fail  to  pay  tlie  taxes  which  may  become  due  on  any 
lot  or  lots  or  part  or  parts  of  lots,  the  Commissioners  of  the 
said  city  shall  cause  to  be  sold  so  much  of  such  lot  or  parts 
of  lots,  as  shall  be  sufficient  to  pay  tlie  taxes  due  thereo-n 


GOVERNMENT ‘OF  THE  CITY  OF  RALEIGH. 


-29 


and  the  costs  of  advertising ;  and  no  more,  any  law  to  the 
contrary  notwithstanding. 

IV.  And  he  it  further  enacted,  That  all  acts-and  clauses 
of  acts  coming  within  the  purview  and  meaning  of  this  act, 
be,  and  they  are  hereby,  repealed  and  made  void. 

Read  three  times  and^ 

ratified  in  General  !  JOSEEPH  RIDDICK,  S.  S. 
Assembly,  the  20th  j  JOHN  MOORE,  S.  H.  C. 
day  of  Dec.,  1806.  J 

Copy;  WILLIAM  HILL,  Secretary 


An  Act  to  amend  an  Act  passed  in  the  year  1806,  entitled 
“  An  A,ct  dividing  the  City  of  Raleigh  into  three  Wards,'' 
and  to  amend  an  Act  entitled  An  Act  for  the  govern¬ 
ment  of  the  City  of  Raleigh,"  and  for  repealing  all  for¬ 
mer  Acts  passed  for  this  p>urp>ose. 

WiiEiiEAS,  The  Western  W^ard  in  the  City  of  Raleigh 
hath  considerably  increased  in  population  since  the  passing 
of  the  above  recited  act,  which  authorised  the  election  of 
one- Commissioner  only  for  said  Ward  : 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Worth  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same.  That  in  future  there  shall  be  three  Comiiiission- 
ers  elected  in  the  Western  Ward  of  the  City  of  Raleigh,  at 
the  same  time,  and  under  the  same  regulations  and  restric- 
lions  as  are  now  fixed  and  established  by  law  for  the  elec¬ 
tion  of  Commissioners  of  said  city,  who  shall  have  all  the 
powers  and  authorities,  and  be  governed  by  the  same  rules 
'and  regulations,  as  those  heretofore  authorised  to  be  elected 
in  the  several  Vv  ards  in  the  city. 


L809 


Eepoaleot 


ACTS  OF'  ASSEMBLY  FOB  THE 


‘10 

1./ 


And  he  it  further  enacted^  That  this  act  shall  he  in  ful  l 
force  from  and  after  the  ratification  thereof. 


Bead  three  times  and^ 
ratified  in  General  j 
Assembly,  the  23d 
day  of  Dec.  A.  D. 
1809. 


JOSEPH  BIDDICK,, 
T.  DAVIS,  S.  H.  0. 


A  true  copy : 


W.  HILL,  Secretary. 


1811  explam  and  amend  the  first  section  of  an  Act 

passed  m,1806,  as  far  as  respects  the  dividon  of  the  City 
of  Raleigh  into  three  Wards. 

Whereas,  It  is  found  and  discovered  that  the  division  of 

the  city,  as  prescribed  by  the  aforesaid  act  of  1806,  is  un- 

«  ^ 

equitable,  and  the  boundaries  of  each  Ward  not  so  precisely 
described  as  to  prevent  disputes,  and  that  said  division  into 
Wards  is  not  nor  neither  can  be  as  was  intended,  viz:  that 
the  Eastern  and  Western  Wards  should  receive  all  the  taxes, 
and  leave  the  Main  Street  North  from  the  State  House, 
called  Halifax  street,  for  the  Middle  Ward  to  keep  in  order ; 
and  as  the  division  now  is,  the  Commissioners  of  the  Eastern 
Ward  do  collect  and  receive  all  the  taxes  on  the  East  of  said 
street,  leaving  the  naked  street  to  the  MMdle  Ward  to  keep 
in  order,  although  the  Commissioners  of  the  Eastern  and 
Western  "Wards  acknowledge  there  is  no  equity  for  them  to 
receive  the  taxes  and  leave  the  naked  street  for  the  Middle 
Ward  to  keep  repaired,  and  consider  that  they  are  bound  to 
act  agreeable  to  the  law  of  1806  ;  the  Commissioners  of  the 
Middle  Ward  have  always  been  willing  to  act  justly,  to  give 
them  the  taxes,  and  they  Vvdll  keep  the  street  in  repair :  for 
remedy  whereof: 

Be  it  enacted.  That  the  division  of  the  three  several 
Wards  shall  be  in  the  following  manner,  to  wit ;  First,  the 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


Middle  Ward  shall  be  bounded  on  the  North  and  South  by 
the  town  commons  land  or  to  the  utmost  limits  of  the  town 
to  the  North  and  South ;  the  Wilmington  and  Salisbury 
streets,  from  one  end  of  the  town  to  the  other,  shall  be  the  Wards, 
the  boundary  lines  of  the  Middle  Ward  ;  and  all  that  part  of 
the  town  from  the  centre  of  Wilmington  street  to  the  East, 
shall  be  the  Eastern  Ward;  and  all  the  other  part  of  the 
town,  from  the  centre  of  Salisbury  street  to  the  West,  shall 
be  the  Western  Ward.  And  hereafter  each  Ward  shall 
work  to  the  centre  of  each  of  said  ^streets,  and  that  shall  be 
considered  the  boundary  lines  from  and  after  the  passing  of 
this  act. 

And  he  it  fnrtlier  enacted^  That  all  acts  and  clauses  of 
acts,  coming  within  the  meaning  of  this  act,  are  hereby  re¬ 
pealed  and  made  void. 

Be  it  further  enacted^  That  a  majority  of  the  Commis¬ 
sioners  of  each  Ward,  when  convened,  shall,  and  they  are 
hereby  incorporated  and  known  by  the  name  of  the  general 
Board  of  Commissioners,  and  they  are  hereby  authorised  to 
do  and  transact  all  such  business  as  a  body  corporate,  in  as  Absence 
full  and  complete  a  manner  as  the  several  Wards  now  do.  or^dSfhTf 

And  he  it  further  enacted^  That  in  case  of  the  absence,  hJwprovS’a 

•  •  for 

resignation  or  death  of  the  Intendant  of  Police,  that  any 
Justice  of  the  Peace,  whose  residence  is  in  town,  shall,  and 
they  are  hereby  authorised  and  empowered  to  act  in  said 
Intendant’s  capacity,  in  as  full  and  complete  a  manner  as 
the  said  Intendant  could  or  might  do,  were  he  himself  per¬ 
sonally  present. 

And  he  it  further  enacted^  That  this  act  shall  be  in  force 
from  and  after  the  first  day  of  January,  1812. 

Read  three  times  and^ 

ratified  in  General  |  JO.  RIDDICK,  S.  S. 

Assembly, this  21st  (  JNO.  STEELE,  S.  H.  C. 

day  of  Dec’r  1811.  J 

Copy: 


W.  HILL,  Secretary, 


;32 


ACTS  OF  ASSEMBLY  FOR  THE 


1813. 


Goveritment 
of  tho  city 
rested  in  an 
Intendant  of 
Police  and  7 
Oom’ssioners 
to  be  elected 
as  in  the  act 
of  1803. 


The  Wards 
to  remain  as 
fixed  by  the 
acte  of  1806 
and  1811. 


Taxes  collec¬ 
ted  f’m  ea<-h 
Ward,  if  re¬ 
quired,  to  be 
expended  in 
the  Ward  in 
which  the 
same  v/  u  s 
collected. 


Commission¬ 
ers  to  form 
one  Board. 
A  majcrily  to 
form  a  quo- 
ram. 


An  Act  for  the  better  Government  of  the  City  of  Haleigh,. 

Whereas,  The  citizens  of  Raleigh  have  found  that  the 
government  of  the  said  city,  by  four  Boards  of  Commis¬ 
sioners,  is  attended  with  much  inconvenience,  and  believing 
that  the  object  contemplated  by  this  division  of  authority 
can  be  accomplished  by  a  single  Board  properly  organised : 

Sect.  I.  Be  it  therefore  enacted  by  the  General  Assembly 
of  the  State  of  North  Carolina^  and  it  is  hereby  enacted  by 
the  authoi'ity  of  the  same^  That  the  government  of  the  city 
of  Raleigh  shall  in  future  be  vested  in  an  Intendant  of  Po¬ 
lice  and  seven  Commissioners,  to  be  elected  annually,  on 
the  third  Monday  in  January,  as  directed  by  an  act  passed 
in  the  year  one  thousand  eight  hundred  and  three,  entitled 

An  act  for  tire  government  of  the  city  of  Raleigh,  and 
for  repealing  all  former  acts  passed  for  that  purpose,”  three 
of  which  Commissioners  shall  be  elected  by  and  from  the 
inhabitants  of  the  Middle  Ward  ;  two  by  and  from  the  in¬ 
habitants  of  the  Eastern  Ward  ;  two  by  and  from  the  inhab¬ 
itants  of  the  Western  Ward.  The  Wards  of  the  city  to  be 
and  remain  as  fixed  by  an  act  passed  in  one  thousand  eight 
hundred  and  six,  entitled  “An  act  for  dividing  the  city  of 
Raleigh  into  three  W ards,  and  for  amending  the  act  of  one 
thousand  eight  hundred  and  eleven,  to  explain  and  amend 
the  said  act. 

II.  Be  it  enacted^  That  the  amount  of  taxes  collected 
from  each  Ward  of  the  said  city  shall,  if  recpiired,  be  ex¬ 
pended  on  the  Ward  in  which  the  same  "was  collected,  ex¬ 
cept  so  much  thereof  as  shall  be  necessary  for  general  pur¬ 
poses,  to  which  the  several  Wards  shall  furnish  their  due 
proportion,  according  to  their  population  and  the  amount  of 
their  taxable  property. 

III.  Be  it  enacted,  That  the  said  Commissioners  shall 
form  one  Board,  a  majority  whereof  shall  be  competent  to 
perform  all  the  duties  of  Commissioners  of  the  City  of  Ra¬ 
leigh,  as  prescribed  in  the  several  acts  above  recited,  and  in 
the  bye-laws  passed  from  time  to  time  under  their  authority 


iGOVEENMENT  OF  THE  CITY  OF  RALEIGH. 


a 


IV.  And  he  it  'enacted^  That  the  Intenclant  of  Police 
shall  have  a  seat  in  the  Board  of  Commissioners,  and  when 
present,  shall  preside  therein  ;  in  his  absence  the  Board 
shall  appoint  a  Chairman  pro  tempore. 

And  whereas,  by  the  act  passed  in  the  year  on-e  thousand 
eight  hundred  and  three,  for  the  government  of  the  city  of 
Raleigh,  the  Commissioners  of  the  city  are  authorised  to  do 
what  they  deem' necessary  to  extinguish  and  stop  the  pro¬ 
gress  of  any  fire,  which  may  break  out  in  the  city. 

V.  Be  it  enacted,  That  the  said  Commissioners  are  here¬ 
by  authorised  and  directed,  whenever  they  shall  deem  it  ex¬ 
pedient,  to  procure  a  fire  engine  for  the  use  of  the  city, 
form  a  fire  company,  and  make  such  other  regulation  as 
they  may  deem  necessary  in  order  effectually  to  carry  into 
operation  the  provision  of  said  act  in  relation  to  the  extin¬ 
guishment  of  any  fire  which  may  happen  in  said  city. 

VI.  Be  it  enacted,  That  all  former  acts  which  come  with¬ 
in  the  purview'  of  this  act,  are  hereby  repealed. 

VII.  Be  it  further  enacted.  That  the  public  squares  in 
the  said  city  be  under  the  control  and  government  of  the 
Commissioners  of  the  said  city. 


Intecdant  of 
Police  ch  ia 
Board  to  ap^- 
poiiit  cfeair- 
man  pro.  teEi 


Referritig 
act  of  1803 — 
concerning 
fires. 


Board  to  pn> 
cure  fir®  en- 
gi’eand  form 
a  fir®  compa¬ 
ny. 


Puk  squiairea 
under  con¬ 
trol  of  tb.® 
Board. 


Read  three  times  and  rati¬ 
fied,  in  General  Assem¬ 
bly,  the  17th  day  of  Dec. 
1813. 

A  true  copy 


GEO.  OUTLAW,  S.  S. 
W.  MILLER,  S.  H.  C, 

W.  HILL,  Secretary, 


3 


34 


ACTS  OF  ASSEMBLY  FOB  THE 


Second  sec¬ 
tion  of  act  of 
1801,  revived 
rel  ative  to 
m  e  rch  ants 
and  shop¬ 
keepers. 


Powers  of  the 
city  consta¬ 
ble.' 


amended  or 
vepealed. 


Jailor  of  the 
county  to  re¬ 
ceive  persons 


An  Act  to  revive  the  second  section  of  an  Act,  passed  in 
the  year  one  thousand  eight  hundred  and  one^  entitled 
An  Act  to  revive  an  Act  passed  in  the  year  1794, /or 
the  regulation  of  the  City  of  Raleigh^  and  to  amend  the 
same^  and  for  other  purposes.'' 

I.  Be  it  enacted  hy  the  General  Assembly  of  the  State  of 
North  Carolina.,  and  it  is  hereby  enacted  by  the  authority  of 
the  same^  That,  from  and  after  the  passage  of  this  act,  the 
said  second  section  of  the  above  recited  act,  which  declares 
that  no  merchant  or*  shop-keeper  shall  keep  open  his  or 
their  store  or  shop  on  the  Sabbath  day,  for  the  purpose  of 
selling  or  retailing  anything  thereout,  on  pain  of  forfeiting 
ten  pounds,  be  and  it  is  hereby  declared  to  be  revived,  and 
in  as  full  force  as  if  the  same  had  not  been  repealed.  And 
it  is  further  enacted.,  That  dealers  in  spirits  by  the  small 
measure  shall  be  considered  as  shop-keepers  under  the  mean¬ 
ing  of  this  act. 

II.  Be  it  further  enacted,  That  the  constable  of  the  city 
of  Raleigh  shall  have  the  same  powders,  and  be  bound  by  the 
same  rules  as  constables  of  the  county  of  Wake,  to  appre¬ 
hend  all  offenders  against  the  State  within  the  limits  of  the 
said  city,  and  carry  them  before  the  Intendant  of  Police,  or 
some  Justice  of  the  Peace,  for  which  he  shall  be  allowed  the 
same  fees  as  the  constables  of  the  county  aforesaid,  to  be 
]Kaid  by  the  party  offending,  if  found  guilty,  or  by  the  Com¬ 
missioners  in  case  of  acquittal. 

III.  Be  it  enacted,  That  the  inhabitants  of  the  city,  when 
classed  by  the  Commissioners  as  a  City  Watch,  shall  be  com¬ 
pelled  by  themselves,  or  by  good  substitutes,  to  serve  in  turn 
when  ordered  out  by  the  Intendant  of  Police,  or  other  per¬ 
son  appointed  by  the  city  Commissioners  as  directors  of  the 
Watch,  under  the  penalty  of  ten  shillings,  to  be  recovered 
by  warrant  before  the  Intendant,  in  the  name  of  the  Com¬ 
missioners,  for  the  use  of  the  city. 

IV.  Be  it  enacted.  That  the  jailor  of  the  county  of 
Wake  is  hereby  authorized  and  re'quired  to  receive  into  the 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


35 


Jail,  under  his  care,  any  person  or  persons  taken  up  in  the  fhe^nigSbv 
night  by  the  city  watch  or*  constable  without  mittimus,  and 
him,  her  or  them  safely  keep  until  the  moifning,  when  the  ^ 

-offender  or  offenders  shall  be  brought  before  the  Intendant 
of  Police  or  some  other  Magistrate,  and  dealt  with  agreea¬ 
bly  to  the  directions  of  the  ordinances  of  the  city,  for  which 
services  the  jailor  shall  be  entitled  to  his  usual  fees, 

V.  Be  it  further  enacted,  That,  in  all  sales  of  lots  or  in  sale  of  lots 

foiT 

parts  of  lots  for  city  taxes,  the  Chairman  of  the  Board  of  chairman  of 

^  .  the  B  0  8.  r  d 

Commissioners  is  hereby  authorized  and  empowered  to  exe-  empowered 

^  toexectite 

•cute  the  proper  deeds  of  conveyance  for  the  same  ;  and  ail 
such  deeds  shall  be  as.  valid  in  law,  as  if  signed  by  all  the 
Commissioners  of  said  city. 

VI.  Be  it  further  enacted,  That  when  any  inhabitant  of 

the  city  aforesaid  shall  fail  to  pay,  within  the  time  prcscrib- Property  <.r 
ed  by  law,  any  tax  which  may  have  been  laid  by  the  city  Fn’^g^'to  S 
Commissioners  agreeably  to  the  powers  and  authorities  in  to  be  sned  by 
them  vested,  it  shall  be  lawful  for  the  city  constable  or  col-  bie  oc^coiiet 
lectors  of  said  tax,  to  proceed  to  the  sale  of  any  property 
•of  such  person,  in  order  to  raise  the  amount  of  such  tax, 
and  the  expense  attending  such  sale, 

VII.  And  he  it  f  urther  enacted.  That  the  said  Board  of 
Commissioners  are  authorized  to  remove  the  necessary 
houses  on  Union  square,  to  some  proper  and  convenient 
places  as  may  be  fixed  on  by  said  Commissioners  :  Provided, 

That  the  free  use  of  said  houses  shall  be  secured  to  the 
officers  of  State,  and  the  members  and  officers  of  the  Le¬ 
gislature  of  this  State. 


Read  three  times  and  rati-^ 

fied  in  General  Asscmblv, 

%/  ' 

the  24th  day  of  December 

1814. 


GEO.  OUTLAW,  S.  S. 
F.  NASH,  S.  II.  C. 


A  true  copy : 


W.-  HILL,  Secretary. 


•ACTS  OF  ASSEMBLY  FOR  THE 


1815. 


S  o  a  r  d  eai- 
powered  to 
.supply  the 
•dty  with  wa¬ 
ter. 


Sums  of  mo- 
uey  borrow¬ 
ed  a  charece 
on  the  Board 
for  the  time 
being. 


An  Act  to  enable  the  Intendant  of  Police  and  Commn'- 

sioners  of  Raleigh,  to  svgoply  the  City  with  water,  and  fo'^ 

other  ptwrposes. 

Whereas,  A  regular  supply  of  good  water  in  tlie  city  of 
Raleigh  .(so  necessary  for  its  safety,  and  so  desirable  for  the 
convenience  and  comfort  of  its  inhabitants)  is  contemplated 
by  the  Intendant  and  Commissioners  of  the  said  city :  and 
whereas  the  expense  of  conducting  vrater  to  the  city  by  th^ 
mean&  of  pipes  or  aqueducts,  will  greatly  exceed  the  ut- 
most  sum  which  can  be  raised  by  taxation  in  one  year ;  and 
as  the  Intendant  of  Police  and  Commissioners  are  elected 
for  one  year  only,  and  have  no  power  to  bind  their  succes.- 
sors  or  to  borrow  money  upon  the  credit  of  future  taxes, 

I.  Be  it  enoMed  by  the  Greneral  A%§embly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  the  Intendant  of  Police  and  Commissioners 
of  the  city  of  Raleigh,  for  the  time  being,  shall  have  power 
to  form  all  contracts  and  engagements  necessary  or  proper 
for  having  the  city  supplied  with  water  through  pipes  or 
aqueducts :  to  use  all  proper  means  to  that  end,  to  accept 
and  hold  all  grants  of  rights  and  privileges  for  such  object, 
and  to  obtain  by  loan  such  sum  or  sums  of  money,  beyond 
the  unappropriated  monies  in  their  hands,  as  may  be  re^ 
quired  from  time  to  time  to  fulfil  their  said  contracts  and  en¬ 
gagements,  and  enable  them  to  effect  the  purpose  aforesaid. 

II,  And  be  it  further  enacted  by  the  autliority  aforesaid. 
That  all  sums  of  money  which  shall  be  borrowed  in  pursu¬ 
ance  of  the  preceding  section,  and  all  arrearages  that  may 
be  due  from  said  Intendant  and  Commissioners  on  such  con¬ 
tracts,  shall  be  paid  by  the  Intendant  and  Commissioners 
for  the  time  being  as  the  same  shall  become  due,  and  shall 
be  a  charge  upon  them  and  all  future  Commissioners,  until 
the  same  shall  be  discharged  :  and  all  future  taxes  for  the- 
city  are  hereby  declared  to  be  liable  for  the  same. 


^lOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


m 

III.  And  he  it  further  enacted,  That  this  act  shall  take 
‘■effect  immediately  after  the  third  Monday  of  January  next. 

IV.  Be  it  further  enacted,  That  in  every  sale  of  a  lot  or 
part  of  a  lot  for  taxes  within  the  city  of  Raleigh,  by  order 

uf  the  Commissioners,  such  lot  or  part  of  lot  shall  be  sold,  tax  os  re- 

P  ii  ip  deemab'.c  US' 

subject  to  redemption  within  two  years  irom  the  day  oi  two  year?, 
sale,  on  the  owners  repaying  the  purchase  money  with  an 
.-advance  of  twenty-five  per  cent,  thereon. 

V.  Be  it  enacted.  That  it  shall  be  the  duty  of  the  Con- 
stable  of  said  city,  from  time  to  time,  diligently  to  enquire 

after  slaves  who  hire  their  own  time  within  the  limits  of  the  anawJStS 
said  city,  and  to  render  an  account  of  ail  such  to  the  prose- 
cuting  officer  of  the  county,  at  every  Court  of  Pleas  and  countyattoi- 
Quarter  Sessions,  held  for  the  county  of  Wake,  whose  duty 
it  shall  be  to  cause  the  said  slaves  to  be  apprehended  and 
dealt  with  according  to  law  ;  and  the  said  constable  shall  be 
entitled  for  his  services  herein,  to  one  fourth  part  of  the 
hire  of  all  such  slaves  as  shall  be  convicted  of  said  offence 
for  the  time  for  which  they  shall  be  hired  out  by  direction 
nf  said  Court,  any  law  to  the  contrary  notwithstanding. 

JOHN  BRANCH,  S.  S. 

JNO.  CRAIG,  S.  H.  C. 

W.  HILL,  Secretary. 


Read  three  times  and  ' 
ratified  in  General 
Assembly,  the  19th  ( 
day  of  Dec.  1815.  J 

A.  true  copy : 


A?i  Act  for  the  better  Regulation  of  the  City  of  Raleigh.  1816 


Be  it  enacted  by  the  G-eneral  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That,  when  any  sheriff,  city  constable  or  other 
«eollector  of  the  State,  county  or  city  taxes,  shall  hereafter 
^ell  any  lot  of  land,  tenements  or  hereditaments  for  the 


Officer  to  ad¬ 
vertise  lanti 
sold  for  tax¬ 
es. 


ACTS  OF  ASSEMBLY  FOR  THE 

non-pajment  of  any  taxes  whatever,  arising  or  accruing  tC’ 
the  State,  county,  or  within  the  city  of  Raleigh,  such  sheriff, 
constable  or  other  collector  shall  advertise  the  same  at  least 
sixty  days  previous  to  such  sale,  in  the  State  paper  publish¬ 
ed  in  the  city  of  Raleigh,  and  at  least  three  of  the  most 
public  places  within  said  city,  in  which  advertisement  shall 
be  described  the  lot  or  lots  aforesaid,  the  number  which 
such  lot  or  lots  is  or  are  within  the  plan  of  said  city,  the 
name  of  the  person  or  persons,  if  any  residing  upon  such 
lot  or  lots,  and  the  name  of  the  person  or  persons  'who  is  or 
are  the  reputed  o'^mer  or  o'wners  thereof,  when  the  same 
can  be  ascertained :  and  such  sheriff,  constable  or  other 
collector,  failing  to  perform  the  requisites  of  this  act,  shall 
forfeit  and  pay  the  sum  of  one  hundred  pounds,  to  be  re- 
-ired  pounds,  actioii  of  debt  in  any  Court  of  Record  having 

jurisdiccion  thereof,  to  the  sole  use  of  the  person  or  persons 
suing  for  the  same. 

II.  And  he  it  further  enacted,  That,  for  the  better  pre¬ 
servation  of  the  water-'works  no'W  erecting  without  the 
Cower  of  limits  of  the  said  city,  for  the  purposes  of  supplying  the 

<x>inini8sion-  ''  xj.  J.1./0 

ersover  wa-  city  wlth  Water,  the  commissioners  aforesaid  are  hereby  au- 

ter  works.  .  t/ 

thorized  to  make  all  necessary  ordinances,  and  enforce  the 
same,  for  the  punishment  of  any  person  who  may  wantonly 
injure  the  said  works  in  any  manner  whatsoeyer. 

Passed  in  1816. 


An  Act  Concerning  Incorporated  Tozvns. 

I.  Be  it  enacted  hy  the  Geneft'al  Assembly  of  the  State  of 
^orth  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  all  persons,  who  hold  lots  in  any  of  the 
towns  of  this  State,  shall  have  until  the  year  eighteen  hun~ 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


39 


dred  and  eighty-five,  to  complete  their  buildings,  agreeably 
to  the  respective  acts  of  Assembly  in  those  cases  made  and 
provided. 

II.  The  Commissioners  of  every  incorporated  town  in 
this  State  shall  have  power  to  impose  such  annual  tax  on 
dogs,  kept  wdthin  said  town,  as  they  shall  think  proper ; 
and  to  require  the  persons,  owning  or  possessing  said 
dogs,  to  return  the  same  in  their  list  of  taxable  property, 
in  the  same  manner  as  other  taxable  property  is  by  law  re¬ 
quired  to  be  given  in  for  taxation. 

III.  If  any  person,  residing  in  either  of  said  towns, 
shall  have  in  his  possession,  within  the  same,  any  dog, 
and  shall  not  return  the  same  for  taxation,  and  shall  fail  to 
pay  the  tax  after  thirty  days  public  notice  of  the  imposi¬ 
tion  thereof,  and  of  the  notice  to  return  the  same  for  taxa¬ 
tion,  the  Commissioners  of  such  town  may,  and  are  hereby 
authorised,  at  their  option,  to  sue  for  and  recover  the  tax 
from  the  person  so  failing,  before  any  jurisdiction  having 
cognizance  thereof,  or  may  treat  said  dogs,  not  returned  for 
taxation,  and  not  paid  for,  as  nuisances,  and  may  order 
their  destruction  as  they  may  think  fit. 

IV.  Said  Commissioners  shall  annually  publish  an  accu¬ 
rate  list  of  the  taxes,  levied  and  collected  in  their  respec¬ 
tive  towns,  together  with  a  list  of  each  sum  expended  by 
them,  and  to  whom  paid,  and  for  what  purpose ;  and  any 
Board  of  Commissioners,  failing  to  comply  with  the  direc¬ 
tions  and  intentions  of  this  section,  shall  forfeit  and  pay  the 
sum  of  one  hundred  dollars,  to  be  recovered  by  any  per¬ 
son,  who  shall  sue  for  the  same,  which  sum  shall  be  levied 
of  the  goods  and  chattels,  lands  and  tenements  of  said 
Commissioners,  or  either  of  them. 


Owners  of 
lots  to  have 
further  time 
to  complete 
buildings. 


Com’ssioners 
of  towns 
may  lay  a 
tax  on  dogs. 


Penalty  f  o  r 
failing  to 
give  them  in 


Com’ssioners 
of  towns  to 
publish  a 
list  of  taxes. 


Penalty  fo  r 
failure. 


40 


1819. 


A  p  p  ointing 
G  o  m  ’  s  g  erg 
to  gelL 


To  laj  off  the 
game  into 
lotg. 


L  G 1 8  to  be 
ftoM  at  auc¬ 
tion. 


ACTS  OF  ASSEMBLY  FOR  THE 

An  Act  directing  the  sale  of  certain  Public  Land  adjoin^ 

ing  the  City  of  Raleigh^  and  for  other  fuiyoses. 

¥ 

I.  Be  it  enacted  hy  the  General  Asseothly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  hy  the  authority  of 
the  same,  That  Duncan  Cameron^  John  Winslow,  Joseph 
Gales,  William  Roberts  and  Henry  Potter  be  and  they  are 
hereby  appointed  commissioners  for  the  purpose  of  selling-, 
and  they  or  a  majority  of  them  shall  have  full  power  and 
authority  to  sell  and  convey,  in  fee  simple,  by  instrument 
under  their  hands  and  seals,  allow  any  part  of  the  public 
lands  contained  in  the  deed  from  Joel  Lane  to  the  Gover¬ 
nor  for  the  use  of  this  State,  and  adjoining  the  city  of 
Raleigh,  lying  on  the  East  side  thereof,  except  a  part 
thereof,  not  exceeding  twenty  acres,  to  be  selected  by  the 
architect  superintcndant  of  Public  Buildings,  and  reserved 
for  a  quarry. 

II.  Be  it  further  enacted.  That  the  said  Commissioners, 
or  a  majority  thereof,  shall  lay  off  or  cause  to  be  laid  off 
into  convenient  lots  of  such  size  as  they  may  deem  most 
proper,  all  of  the  above  described  land ;  and  when  the  said 
lots  shall  be  thus  laid  off',  it  shall  be  the  duty  of  the  Com¬ 
missioners,  or  a  majority  of  them,  to  make  an  estimate  of  the 
value  of  each  lot  of  land,  and  deposit  the  same  with  the 
treasurer:  and  they  shall  not  communicate  to  any  person, 
previous  to  the  sale,  the  affixed  value  of  any  lot. 

III.  Be  it  further  enacted^  That  the  said  Commissioners 
shall  cause  to  be  set  up  at  public  auction,  the  said  lots  of 
land,  first  giving  sixty  days  notice  by  advertisement  in  the 
newspapers  printed  at  Raleigh,  of  the  time  and  place  of 
sale  :  Provided  always.  That  the  Commissioners  shall  adopt 
effectual  measures  to  prevent  the  bidding  off  any  lot  for  a 
less  sum  than  the  previous  estimation,  nor  shall  any  title  be 
made  until  the  purchase  money  is  paid :  Provided,  That 
nothing  in  this  act  shall  be  construed  to  empower  the  Com¬ 
missioners  to  sell  the  unappropriated  lots  which  are  situate 
in  the  corners  of  the  city. 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


41 


IV.  And  he  it  further  enacted,  That  the  parch asers 
the  lots  of  land  shajl  have  a  credit  of  one  year  for  one- 
third  part  of  the  purchase  money,  two  years  for  another 
third,  and  three  years  for  the  remaining  third,  on  giving 
bond  with  approved  security,  payable  to  the  Gover¬ 
nor,  and  negotiable  at  any  of  the  Banks  in  this  State  ; 
which  bonds  shall  be  deposited  with  the  Treasurer,  and  by 
him  collected  when  due. 

V.  And  he  it  further  enacted,  That  the  said  Commission-  . 

ers  shall  make  a  full  and  complete  return  of  their  proceed-  tum. 
ings  herein  to  the  next  General  Assembly.  y 

VI.  Be  it  further  enacted.  That  the  said  Commissioners,'  „  , 
in  laying  out  the  lots  as  directed  in  the  second  section,  shall  streets, 
also  have  power  to  lay  off  such  streets  or  roads  as  they  may 
deem  advisable. 

VII.  And  he  it  further  enacted.  That  the  Governor  of 
this  State  be,  and  he  is  hereby  authorised  and  empowered 
to  cause  the  State  House  to  be  repaired  and  improved  under 
the  superintendence  and  direction  of  the  Architect  for  the 
State,  in  conformity  with  the  plan  prepared  and  submitted 
by  him  to  the  present  General  Assembly. 

VIII.  And  he  it  further  enacted.  That  for  the  purpose 
of  repairing  and  improving  the  State  House  in  the  manner 
prescribed  in  this  act,  the  Governor  shall  have  full  power  to 
draw  warrants  on  the  Public  Treasurer,  which  shall  be  paid 
out  of  the  money  arising  from  the  sale  of  the  land  by  this 
act,  directed  to  be  sold,  and  no  other. 

Passed  in  1819. 


42 


ACTS  OF  ASSEMBLY  FOR  THE 


1820. 


Commission' 
ers  to  appoi’t 
auctioneers. 


4  u  ctioneers 
io  give  bond. 


1821. 


1  ntendant 
and  other 
officers  de. 
din  ing  to 
.serve,subject 
fo  a  fine. 


An  Act  to  amend  an  Act  entitled  an  Act  laying  dtUies  on 
Sales  at  Auction  of  Merchandise^ 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  the  Comniissioners  of  the  several  towns  of 
Fayetteville,  Wilmington,  Newbern,Edenton,  Elizabeth  City, 
Halifax,  and  the  city  of  Raleigh,  shall  have  full  power  to 
appoint  not  less  than  one,  nor  more  than  three  auctioneers  for 
their  respective  towns,  which  auctioneers  shall  be  appointed 
annually,  on  the  fir^t  Monday  in  April  in  each  and  every 
year,  and  shall  give  bond  to  be  approved  of  by  the  Court 
of  Pleas  and  Quarter  Sessions  of  the  county,  and  otherwise 
be  subject  to  the  rules  and  regulations  contained  in  the 
aforesaid  act. 

And  be  it  furtluer  enacted.  That  all  acts  and  clauses  of 
acts  coming  within  the  purview  and  meaning  of  this  act,  are 
hereby  repealed  and  made  void. 

Read  three  times  and  ^ 

ratified  in  General  !  R.  M.  SAUNDERS,  S.  H.  C. 

Assembly,the  18th  (  R.  Y^ANCY,  S.  S. 

day  of  Dec’r  1820.  J 

Copy:  W.  HILL,  Secretary. 


An  Act  in  addition  to  former  Acts  g)(^8sed  for  the  Govern¬ 
ment  of  the  City  of  Raleigh. 

Be  it  enacted' by  the  General  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same.  That  if  any  citizen  who  shall  hereafter  be  elected 
to  serve  as  Intendant  of  Police,  Commissioner  or  Assessor 
of  said  city  of  Raleigh,  shall  decline  the  acceptance  of  such 
office,  he  shall  forfeit  the  sum  of  ten  dollars,  which  shall  be 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


4^ 


recoverable  by  warrant  before  the  Intenclant  of  Police  of 
said  city,  or  before  any  Justice  of  the  Peace  for  the  county 
of  Wake,  and  shall  go  to  the  city  funds  for  the  use  of  the 
city. 

Be  it  enacted,  That  every  citizen  occupying  any  lot  or 
part  of  a  lot  fronting  on  any  street  in  the  said  city,  in  wdiich 
foot-paths  have  been  or  may  be  laid  off  by*the  Commissioners 
thereof,  shall,  at  their  ow'n  expense,  improve  and  keep  in 
good  repair  such  foot-path,  immediately  in  front  of  such  lot 
or  part  of  a  lot ;  or,  on  failure  to  do  so,  the  Commissioners 
of  said  city  shall  cause  such  repairs  to  be  made  on  such 
foot-paths  as  they  may  deem  necessary,  and  charge  the  ex¬ 
pense  thereof  to  the  citizen  or  citizens  who  shall  have 
neglected  to  repair  the  same,  which  may  be  recovered  and 
shall  be  applied  in  the  same  manner  as  is  prescribed  in  the 
above  section. 

And  for  the  tetter  preservation  and  continuance  of  the 
water  works  of  said  city,  which  the  inhabitants  thereof  have 

e/  ' 

erected  and  established  at  great  expense : 

Be  it  enacted,  Tliat  if  any  person  shall  wantonly  commit 
any  damage  to  said  works,  either  in  the  machinery,  houses, 
reservoirs,  pipes,  or  any  other  thing  appertaining  thereto, 
lie  shall  be  subject  to  a  fine  not  exceeding  ten  dollars,  to  go 
to  the  city  funds,  and  to  imprisonment  not  exceeding  three 
months. 

Be  it  further  enacted,  That  if,  at  any  time,  it  shall  be  ne¬ 
cessary  for  the  Commissioners  of  the  city  to  cut  a  ditch  or 
ditches  for  the  purposes  of  laying  any  pipe  or  pipes,  or 
otherwise  for  the  purpose  of  conveying  water  to  or  from 
said  water  works,  through  any  lot  or  piece  of  ground,  the 
property  of  any  individual,  who  may  consider  himself  there- 
by  aggrieved,  a  jurj^shall  be  summoned  to  assess  said  dam¬ 
age,  in  the  same  manner  as  is  provided  in  cases  where  canals 
pass  through  the  lands  of  individuals ;  and  when  said  dam¬ 
age  shall  be  thus  assessed,  the  said  Commissioners  shall 
forthwith  pay  the  amount  of  any  such  damage  out  of  the 
-city  Treasury. 


Occupants  of 
lots  to  keep 
side  walks  in 
repair,  a? 
their  own  ex 
pense. 


r  r  c  a  in  b  le 


Injury  to  the 
Wat’r  Works- 
punishable . 


Com'ssioners 
all  owed  to 
convey  wat'i 
through  an;, 
lot  or  piece 
of  ground. 


Damages  I  c- 
he  assess  e  d- 
by  a  jury. 


44 


ACTS  OF  ASSEMBLY  FOR  THE 


And  whereas  the  citizens  of  Raleigh  have  been  at  con-- 
siderable  expense  in  providing  the  city  with  a  Fire  Engine 
and  other  implements  for  the  purpose  of  extinguishing  any 
fire  which  may  break  out  in  said  city — 

Be  it  further  enacted^  That  such  citizens  as  may  form 

Be-eaied  by  l^'^^^^selvcs  into  a  fire  company,  for  the  purpose  of  working 
iu;tofi826.  said  engine  at  any  fire  vrhich  ma^y  take  place,  and  whenever 
they  shall  be  called  upon  by  the  captain  of  said  company, 
to  exercise  said  engine,  for  the  purpose  of  seeing  that  it  be 
kept  in  good  order,  be  exempted  from  military  duty,  (except 
'  in  time  of  insurrection,  invasion  or  war,)  and  provided  such 
company  shall  not  exceed  forty  in  number,  and  that  they  be 
subject  to  such  rules  and  regulations  as  may  be  adopted  by 
the  Commissioners  of  the  city  or  said  fire  company,  and 
provided  they  produce  from  the  captain  of  said  company  a 
.certificate  of  their  enrolment,  and  of  their  having  faithfully 
performed  their  duty  therein,  since  the  period  of  their  en¬ 
rolment. 


Read  three  times  and^ 
ratified  in  General 
Assembly,  the  22d  V 
day  of  Dec.  A.  D. 
1821. 

A.  true  copy  : 


JAMES  MEBANE.  S.  H>  C> 
B.  YANCY,  S.  S. 


W.  HILL,  Secretary. 


I  824,25  A??  Act  to  provide  against  the  introduction  and  S'prcading 
of  contagious^)!'  infectious  diseases  in  this  State. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
oaty  of  ofii-  the  same,  That,  when  a  contagious  disease  shall  be  raging 
r„c.  pei.„c  State,  or  any  part  of  the  United  States, 

it  shall  be  the  duty  of  the  officers  of  Police  of  any  incorpo- 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


45 


rated  town  within  this  State,  who  may  have  what  they  con¬ 
sider  well-founded  apprehensions  that  their  town  is  in  dan¬ 
ger  of  being  visited  by  such  disease,  to  take  such  precaution¬ 
ary  measures,  and  provide  such  penalties  for  the  breach  of 
them,  as  to  them  may  seem  necessary  and  proper,  the  ex¬ 
pense  of  wdiich  they  are  hereby  authorised  to  defray  out  of 
any  money  at  the  time  in  their  town  Treasury  ;  or,  if  that 
shall  not  be  in  a  situation  to  sustain  the  expense,  to  borrow 
such  sum  as  may  be  necessary  to  defray  such  expense,  and 
afterwards  to  raise  the  amount  by  a  tax  on  the  inhabitants 
of  such  town,  over  and  above  the  ordinary  taxes  levied  for 
the  current  expenses  of  such  town. 

Be  it  further  enacted,  That  nothing  herein  contained 
shall  be  construed  to  lessen  or  impair  the  powers  and  au¬ 
thority  of  the  Commissioners  of  the  seaport  towms  and  the 
Commissioners  of  Navigation,  or  other  officers  under  the 
quarantine  laws  of  this  State,  to  prevent  the  introduction 
of  diseases  by  vessels  arriving  at  or  near  said  seaport  towns. 

Be  it  further  enacted,  That  this  act  shall  be  in  full  force 
and  effect  from  and  after  the  ratification  of  the  same,  and 
that  the  public  printer  publish  the  same  in  such  manner  as 
to  give  the  earliest  information  of  this  act. 


Mode  cf  pay- 
ing  the  ex¬ 
pense  of  pre- 
cautioDary 
measures. 


Not  hing  in 
this  act  to  .af¬ 
fect  the  pow- 
e  r  s  already 
possessed  by 
the  commis¬ 
sioners  of  sea 
port  town.s. 


Act  to  takfv 
i  m  m  e  d  iate 
effect, 


Read  three  times  and  ratified  I 
in  General  Assemby,  this  V 
5th  day  of  Jan.  1825,  J 

Copy: 


A.  MOORE,  S.  H.  C. 

B.  YANCY,  S.  S. 

W.  HILL,  Secretary. 

f  ft/ 


An  Act  for  the  better  protection  of  the  City  of  Raleigh  1826-7 

from  losses  hy  fire.  * 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same.  That  a  fire  company  be  established  in  the  city  of 


ACTS  OF  ASSEMBLY  FOR  THE 


^8 


-■± 


i'  i  r  e  compa¬ 
ny  how  form- 
•rfd.  Inhabi¬ 
tants  to  be 
enrolled.  Ci¬ 
tizens  invi¬ 
ted  to  form  a 
(M>mpany. 


V  o  1  u  nteers 
not  offering, 
the  company 
to  be  made 
toy  draft. 


Members  to 
■<;hoose  their 
officers. 


M  e  m  b  ers 
failing  to 
■jhoose  their 
o  ffl  cers,  offi¬ 
cers  to  be  ap- 
pointed  by 
the  Board  of 
Commission¬ 
ers. 


Captain  to 
exercise  his 
company  at 
least  once  in 
two  months, 
under  penal¬ 
ty .  In  his 
■ibsence,  this 


Raleigh,  in  the  following  manner :  The  Intendant  of  Police 
and  Commissioners  of  said  city,  shall,  in  the  month  of  Jan¬ 
uary  in  each  year,  enrol  the  free  white  male  inhabitants  of 
said  city,  of  twenty-one  years  of  age  and  upwards,  (those 
only  to  be  excepted  "who  shall  from  age  or  infirmity,  be  un-  ’ 
able  to  perform  the  duties  of  a  member  of  a  fire  company,) 
and  being  thus  enrolled,  the  said  Intendant  and  Commis¬ 
sioners  shall  publicly  invite  such  citizens,  as  choose  to  volun¬ 
teer  their  services,  to  form  a  fire  company  for  the  said  city,  ' 
to  consist  of  forty  members,  and  if  a  sufficient  number  do 
not  offer  themselves  as  volunteers  before  the  last  Saturday 
in  February,  the  said  Intendant  and  Commissioners  shall 
on  that  day  draft  from  the  enrolment  which  they  have  made, 
such  number  of  men  as  shall  be  wanting  to  make  up  said 
company,  who  shall  serve  one  year :  and  in  all  future  drafts, 
those  who  have  already  served  in  said  company  shall  be  ex¬ 
cused,  until  air  the  enrolled  citizens  shall  have  performed 
their  tour  of  duty. 

Be  it  further  enacted^  That  immediately  after  the  proper 
number  of  men  have  been  obtained  to  form  said  fire  com¬ 
pany,  the  Intendant  of  Police  shall  call  a  meeting  of  the 
men  thus  volunteered  and  drafted,  at  the  Court  House  in 
the  city  of  Raleigh,  for  the  purpose  of  electing  a  captain 
and  four  other  officers  of  different  grades,  to  be  determined 
by  the  Board  of  Commissioners  of  said  city,  and  chosen 
from  said  company;  and  in  case  such  election  does  not 
take  place  at  such  meeting,  the  said  Board  of  Commission¬ 
ers  shall  "appoint  such  officers,  who  shall  serve  until  the  next 
annual  election ;  and  in  case  of  vacancies  occasioned  by 
death  or  otherwise,  they  shall  be  filled  by  the  company,  or 
by  the  Board  of  Commissioners  as  aforesaid. 

Be  it  further  'enacted^  That  the  captain  of  said  fire  com¬ 
pany,  shall  call  his  company  together  for  the  purpose  of 
exercise  with  the  engine  as  often  as  he  may  deem  it  neces¬ 
sary,  which  shall  be  at  least  once  in  every  two  months,  or 
on  failure  to  do  so,  he  shall  be  subject  to  a  fine  of  ten  dol- 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


47 


iars  for  every  such  default ;  and  in  case  of  the  absence 
from  the  city  of  the  captain,  inability  or  other  cause,  he 
eannot  attend  to  his  duty,  the  calling  out  of  the  men  for 
exercise  or  any  other  daty  of  the  captain  shall  devolve  on 
the  officer  next  in  command,  who  shall  be  subject  to  like 
penalties,  in  case  of  failure  to  perform  his  duty,  and  on  the 
failure  of  any  member  of  the  company  to  perform  his  duty, 
he  shall  forfeit  one  dollar  for  every  such  offence. 

Be  it  fiirilier  enacted.  That  it  shall  be  the  duty  of  the 
captain  of  the  fire  company  to  see  that  care  be  taken  of  the 
engine,  hose,  hooks,  ladders  and  other  apparatus  belonging 
to  the  city ;  and  whenever  any  repairs  are  necessary  to  the 
engine  or  to  any  other  of  the  articles  used  by  the  company, 
he  shall  immediately  give  notice  thereof  to  the  Intendant 
of  Police  or  one  of  the  Commissioners,  who  shall  lay  the 
subject  before  the  Board  at  its  next  meeting,  so  that  the  en¬ 
gine  and  other  apparatus  may  always  be  in  good  order  for 
service.  Should  any  captain  fail  in  his  duty  in  this  respect, 
he  will  be  subject  to-  a  fine  of  ten  dollars. 

Be  it  further  enacted,  That  whenever  an  alarm  of  fire 
shall  be  given,  all  the  free  male  inhabitants  of  the  city  shall 
attend  with  their  fire  buckets,,  and  render  every  assistance 
in  their  power  to  extinguish  such  fire,  and  to  take  care  of 
any  property  that  may  be  eridangered  thereby  ;  such  as  are 
members  of  the  fire  company  performing  their  duty  under 
their  proper  officers,  and  others  obeying  the  directions  of 
those  in  authority :  and  any  one  failing  to  perform  his  duty 
on  such  an  occasion  to  be  subject  to  a  fine  of  five  dollars 
for  every  such  offence. 

Be  it  further  enacted.  That  in  cases  of  fire  in  said  city, 
it  shall  be  competent  for  a  majority  of  the  Commissioners 
of  the  city  who  may  be  present,  if  they  deem  it  necessary 
to  stop  the  progress  of  said  fire,  to  cause  any  house  or 
houses  to  be  blown  up  or  pulled  down,  for  which  they  shall 
not  be  responsible  to  any  one. 


duty  to  de¬ 
volve  on  the 
next,  in  <  om- 
mand.  Mem- 
b  e  ra  failing 
in  their  duty 
to  be  lined. 


Engine  and 
fi  r  e  appara- 
t  u  s  under 
the  care  o  f 
captain. 


Notice  to  be 
given  to  In¬ 
to  n  (lant  of 
repairs  wan¬ 
ted. 


Members  o  f 
fire  company' 
and  citizens 
g  e  n  e  r  a  1  ly 
sub.)  ect  to 
penalty  for 
not  perform¬ 
ing  duty  in 
cases  of  fire. 


Com’ssionere 
to  arrest  fire 
b  y  blowing 
up  houses. 


48 


ACTS  OF  ASSEMBLY  FOR  THE 


Oth’r  engin’s 
subje’t  to  the 
same  rules. 


Members  of 
fire  compa¬ 
nies  exempt, 
during  their 
term  of  ser- 
V  ice,  from 
militia  duty. 


Fine  ?,  how 
recoverable. 


i'ormer  acts 
repealed. 


Be  it  further  enactedy  That  in  case  another  fire  engine 
or  other  fire  engines  shall  hereafter  be  procured  for  the  use 
of  the  said  city,  another  company  or  companies  may  be  form¬ 
ed  upon  a  similar  plan,  and  subject  to  the  same  rules  and 
regulations  which  are  provided  for  the  company  now  pro¬ 
posed  to  be  formed  for  managing  the  same. 

Be  it  further  enacted^  That  such  men  as  are  actually 
members  of  any  fire  company  in  said  city,  who  may  be  sub¬ 
ject  to  militia  duty,  shall  be  exempted  from  mustering  dur¬ 
ing  the  period  of  such  service,  except  the  country  should  be 
at  wai\ 

Be  it  further  enacted.  That  all  fines  incurred  under  this 
act  shall  be  recovered  by  warrant  before  the  Intendant  of 
Police  of  said  city,  or  before  any  Justice  of  the  Peace  for 
Wake  county. 

Be  it  further  enacted,  That  all  acts  or  clauses  of  acts, 
coming  within  the  meaning  of  this  act,  be,  and  the  same  are 
hereby  repealed. 

Read  three  times  and^ 

ratified  in  General  !  JAS.  IREDELL,  S.  H.  C.. 


Assembly,  this  10th  i 
day  of  Feb.,  1827.  J 

Copy ; 


B.  YANCY,  S.  S. 


WILLIAM  HILL,  Secretary, 


•  » 

i  834  amendr,  an  act,  passed  in  the  year  eighteen  hun¬ 

dred  and  fouy'teen,  entitled  an  act  to  revive  the  second 
section  of  an  act,  passed  in  the  year  one  thousand  eight 
hundred  and  one,  entitled  an  act  to  revive  an  act,  passed 
in  the  year  one  thousand  seven  hundred  and  seventy-five, 
for  the  regulation  of  the  city  of  llaleigh,  and  to  amend 
the  same,  and  for  other  pturposes. 


Whereas,  by  the  third  section  of  the  said  act,  the  Com¬ 
missioners  are  authorized  to  class  the  citizens  to  act  as  a  city 


OOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


49 


watch  :  and  whereas,  it  is  found  difficult  to  procure  the  punc¬ 
tual  attendance  of  the  said  watch  for  want  of  authority  by 
the  Intendant  to  appoint  a  captain  thereof : 

Be  it  enacted^  That  the  Intendai^t  of  Police,  or  other 
persons  appointed  by  the  city  Commissioners  as  directors  of 
the  wmtch,  shall  be  authorized  to  appoint  some  one  of  each 
c  lass  as  a  captain  thereof ;  and  every  person  so  appointed, 
who  shall  fail  to  serve  or  shall  discharge  his  class  before 
th^  time  allowed  by  the  city  ordinance,  shall  for  each  and 
every  offence  forfeit  and  pay  a  sum  not  less  than  five,  nor 
more  than  ten  dollars,  as  may  be  provided  by  an  ordinance 
of  said  Commissioners,  to  be  recovered  by  warrant  before 
the  Intendant  in  the  name  of  the  Commissioners,  for  the 
benefit  of  the  city:  Provided,  That  no  person  above  the 
age  of  sixty  years  shall  be  compelled  to  serve  as  captain  of 
any  watch. 

Read  three  times  and 4 

ratified  in  General  |  WM.  J.  ALEXANDER,  S.  H.  C. 

Assembly,  the  18th  f  W.  D.  MOSELEY,  S.  S. 

day  of  Jan.  1834.  J 

A  true  copy ;  W.  HILL,  Secretary. 


An  Act  to  enable  the  Commissioners  of  Raleigh  to  appoint 
Trustees  of  the  Rex  Hospital  Fund,  and  to  ereet  such 
Trustees  into  a  body  corporate,  and  for  other  purposes. 

Whereas,  John  Rex,  late  ,of  the  city  -of  Raleigh,  and 
now  deceased,  did,  by  his  last  will  and  testament,  amongst 
other  things,  devise,  bequeath  and  direct  as  follows :  It 
being  my  desire  to  provide  a  comfortable  retreat  for  the 
sick  and  afflicted  poor,  belonging  to  the  city  of  Raleigh,  in 
which  they  may  have  the  benefit  of  skilful,  medical  aid, 
and  proper  attention,  it  is  my  will  that  a  lot  or  parcel  of 


1841. 


Preamble. 


50 


ACTS  OF  ASSEMBLY  FOR  THE 


rreambie.  Containing  twenty-one  acres,  adjoining  the  city  of  Ra¬ 

leigh,  on  the  South  end,  being  the  same  purchased  by  me  of 
the  Commissioners  appointed  for  selling  a  part  of  the  pub¬ 
lic  lands,  and  which  is  comprised  in  the  general  devise  of 
all  my  lands  to  the  aforesaid  Duncan  Cameron  and  G.  W. 
Mordecai,  in  trust  as  before  mentioned,  be  appropriated  to 
the  erection  thereon  of  an  infirmary  or  hospital  for  the  sick 
and  afflicted  poor  of  the  city  of  Raleigh,  and  to,  and  for, 
no  other  use  or  purpose  whatsoever.  And  for  the  endow¬ 
ment  of  said  hospital,  as  far  as  I .  have  the  ability  to  do  so, 
it  is  my  will,  that  all  the  money  belonging  to  me,  all  the 
debts  due  to  me,  and  the  rest  and  residue  of  my  estate  here¬ 
tofore  given,  devised  and  bequeathed  by  me  to  the  said 
Duncan  Cameron  and  George  W.  Mordecai,  in  trust,  and 
not  otherwise  specially  appropriated,  be  and  are  hereby  ap¬ 
propriated  to  the  endowment  of  said  hospital.  And,  when¬ 
ever  the  constituted  authorities  of  the  city  of  Raleigh  shall 
legally  appoint  trustees  capable  in  law  of  holding  the  same, 
then  the  said  Duncan  Cameron  and  George  W.  Mordecai, 
or  the  survivor  of  them,  or  the  executor  or  executors  of  the 
survivor  of  them,  shall  convey  the  said  lot  or  parcel  of 
land,  and  the  fund  accruing  from  the  money  belonging  to 
me,  the  debts  due,  and  the  rest  and  residue  of  my  estate,  as 
above  described,  to  the  said  trustees,  so  to  be  appointed  in 
behalf  of  the  city  of  Raleigh,  all  which  shall  be  held  by  the 
said  trustees  and  their  successors,  duly  appointed,  in  trust 
forever,  for  the  erection  and  endowment  of  such  hospital, 
(and  for  no  other  use  or  purpose  whatsoever;)”  as  will  appear 
by  reference  to  the  said  will,  now  of  record  in  the  Court  of 
Pleas  and  Quarter  Sessions  of  Wake  county:  and -whereas, 
the  Commissioners  of  the  said  city  of  Raleigh  have  no 
power  to  appoint  trustees,  so  as  to  enable  them  to  take  un¬ 
der  the  said  will,  and  the  said  Commissioners  have  applied 
to  this  General  Assembly  for  an  act  to  be  passed,  to  enable 
them,  in  such  form  and  with  such  limitations,  as  may  seem 
just  and  reasonable,  to  appoint  such  trustees,  and  for  confer- 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


51 


ring  on  them  and  their  successors  corporate  powers  and  suc¬ 
cession,  in  order  to  carry  into  effect  the  design  of  the  said 
testator ;  and  the  purpose  of  the  testator  appearing  to  the 
General  Assembly  to  he  wise  and  humane,  and  entitled  to 
the  assistance  desired  by  the  said  Commissioners  for  fully 
carrying  the  same  into  effect, — ^therefore, 

5c  it  enacted  hy  the  Greneral  Assembly  of  the  State  of 
North  Carolina^  and  it  is  hereby  enacted  by  the  authority  of 
the  same^  That,  so  soon  as  the  Commissioners  of  the  said 
city  shall  deem  the  previous  trusts  of  the  said  will  to 
be  satisfied,  and  shall  desire  to  call  the  trustees  and 
executors  to  account,  they  shall  and  may  file  their  petition 
in  the  Supreme  Court  of  this  State,  setting  forth  the  said 
will,  and  such  other  matters  as  may  be  deemed  proper  and 
necessary,  and  therein  propose  and  nominate  five  suitable 
and  discreet  persons,  freeholders  and  residents  of  the  said 
city,  to  be  trustees  for  the  purposes  aforesaid,  and  the  Court 
shall  thereupon  examine  into  the  qualifications  of  the  said 
nominees,  and,  if  fully  satisfied  that  each  and  every  of  them 
is  a  person  of  the  proper  intelligence,  discretion  and  charac¬ 
ter  for  the  adequate  discharge,  with  ability  and  integrity,  of 
the  trust  aforesaid,  the  said  Court  shall  pass  an  order  de¬ 
claring  the  same,  and  afiirming  the  joint  nomination,  and 
thereupon,  and  immediately  after  the  entering  of  such  pro¬ 
ceedings  in  the  said  Supreme  Court,  the  said  five  persons 
shall  and  are  hereby  declared  to  be  a  body  corporate  and 
politic,  by  the  name  of  the  Trustees  of  the  Rex  Hospital,” 
and  shall  be  able  and  capable  in  law  to  receive  and  hold 
the  property  and  effects,  devised  and  bequeathed  by  the 
said  John  Rex,  in  and  by  his  said  will,  and  to  use  and  ap¬ 
ply  the  same  to  and  for  the  purposes  (and  none  other)  speci¬ 
fied  in  the  said  will,  and  also  to  receive  donations  of  lands 
or  personal  estate,  either  by  deed  or  will,  for  the  purposes 
aforesaid  (and  none  other),  and  to  have  succession,  to  sue 
and  be  sued,  and  to  have  the  other  powers  incident  to  cor¬ 
porations  in  regard  to  the  charity  created  by  the  said  will, 
and  for  no  other  purposes. 


Commission¬ 
ers  nominate 
trustees  to 
Supreme 
Court. 


ACTS  OF  ASSEMBLY  FOB  THE 


II.  Be  it  further  enacted^  That  when  any  vacancy  or 
vacancies  may  happen  by  death,  resignation  or  removal 
from  the  city  of  Raleigh,  of  any  trustee  or  trustees,  or  from 
any  other  cause,  his  or  their  places  shall  be  supplied  by 
nominations  by  the  Commissioners  of  the  city  of  Raleigh,^ 
for  the  time  being,  with  the  approbation  of  the  Supreme 
Court,  in  manner  aforesaid. 

III.  And  he  it  further  enacted.  That  the  Commissioners 

^  7 

of  the  city  of  Raleigh,  for  the  time  being,  may,  at  any  and 
at  all  times,  by  petition  in  equity,  in  the  Supreme  Court, 
call  on  the  said  trustees  for  an  exhibition  of  their  accounts 
and  doings  in  discharge  of  the  trust ;  and  such  proceedings 
shall  be  summary,  and  the  Court  may  make  any  order  or 
orders  thereupon  from  time  to  time  as  may  be  necessary  t-r 
enforce  a  strict  compliance  with  the  design  of  the  testator 
to  correct  and  prevent  abuses,  to  remove  or  displace  any 
trustee  or  trustees,  w^ho  shall  aj3pear  to  have  been  guilty  of 
any  wilful  default  or  gross  neglect  in  the  discharge  of  his 
duty,  or  to  have  become  incompetent  by  bodily  or  mental 
infirmity ;  and  generally  to  do  and  order  what  shall  seen 
to  the  said  Court  best  in  the  premises. 

Ratified  the  11th  day  of  January,  1841. 


A'?i  Act  to  amend  the  Act  of  1792-’3,  and  the  several  snh- 
sequent  acts,  for  the  Begulation  of  the  City  of  Raleigh, 
and  to  authorise  the  Intendant  of  Police  and  the  Com¬ 
missioners  of  said  City  to  levy  a  special  or  guard  tax  for 
said  City. 

Whereas,  It  has  heretofore  been  the  custom  to  classify 
the  citizens  of  Raleigh  into  watches  or  guards,  for  the  pro¬ 
tection  of  the  property,  and  for  the  preservation  of  the  good 
order  of  said  city,  thereby  imposing  as  much  duty  on  a  mere 


^(>OVERNMENT  OF  THE  CITY  OF  RxiLEIGIl. 


inhabitant  or  temporary  resident  of  the  city,  as  is  per¬ 
formed  by  the  wealthiest  proprietor,  and  requiring  the  citi¬ 
zens  to  perform  duty  for  the  protection  of  the  property  of 
Tion-residents,  when  that  property  contributes  nothing  for 
hs  protection,  which  is  onerous  and  unequal  in  its  operation: 

Sect.  I.  Be  it  therefore  enacted  hy  the  Genercd  Assembly 
i  f  the  State  of  North  Carolina^  and  it  is  hereby  enacted  by 
the  oAithority  of  the  same^  That  the  Intendant  of  Police 
and  the  Commissioners  of  the  city  of  Raleigh  shall  have  commiseiort- 

1  ^  n  erg  levy  l!4 

power  to  levy  a  tax  oi  not  more  than  twenty-hve  cents  on  tax. 
the  one  hundred  dollars  worth  of  property,  and  one  dollar 
on  each  taxable  poll,  for  the  purpose  of  hiring  a  guard  or 
patrol  for  said  city,  to  be  levied  and  collected,  as  other 
taxes  arc  now  levied  and  collected ;  and  the  guard  so  em¬ 
ployed  shall  have  all  the  powers  and  authority  belonging  to 
the  city  watch  or  guards,  as  heretofore  established. 

Sect.  2.  A7id  be  it  further  enacted^  That  this  act  shall 
go  into  effect  immediately  after  its  passage  and  ratification. 

Ratified  the  23d  day  of  January,  A.  D.  1843. 


An  Act  to  invest  the  Intendant  of  Police  of  the  City  of  lia-  ]i 
leigh  loith  the  same  poivers  aiid  authorities^  ivithm  that 
Coiporation^  as  is  exercised  by  Justices  of  the  Peace^  and 
for  other  purposes. 


L  Be  it  enacted,  by  the  Greneral  Assembly  of  the  State  of 
North  Carolma,  and  it  is  hereby  enacted  by  the  authority  of 
the  samr.  That  the  Intendant  of  Police,  of  the  city  of 
Raleiglq  for  the  time  being,  shall  have  the  same  powers 
and  authorities,  privileges  and  immunities,  and  may  exer¬ 
cise  the  same  duties,  in  civil  or  criminal  cases,  within  the 
limits  of  said  corporation,  as  now  are,  or  may  hereafter  be 


Inteodaii ' 
have  sam* 
power.g,  etc., 
as  J astice.* 
the  . 


54 


ACTS  OP  ASSEMBLY  FOR  THE 


vested  in  Justices  of  the  Peace,  and  shall  be  subject  to  the 
same  pains  and  penalties  for  a  violation  of  their  duty,  while 
acting  as  Justices  aforesaid:  Provided^  That  nothing  in 
Exception,  this  act  Contained  shall  be  so  construed  as  to  invest  in  such 
Intendant  of  Police  the  power  of  holding  the  County 
Courts. 

II.  A.nd  he  it  further  enacted^  That,  for  the  purpose  of 
enforcing  the  powers  and  authorities  hereby  vested  in  him, 
the  Intendant  of  Police  aforesaid  shall  have  power  to  issue 

rant.s.  etc.  -warrants  or  other  precepts  to  the  towm  constable,  or  the 
sheriif  of  the  county,  or  any  constable  of  the  county. 

III.  Be  it  further  enacted^  That  the  Intendant  of  Police 
of  the  city  of  Raleigh,  aforesaid,  shall  receive  such  fees,  or 
be  allow'ed  such  compensation  out  of  the  funds  of  the  cor¬ 
poration,  as  may  be  allowed  ’him,  by  the  Commissioners  of 
Police  thereof. 

lY.  Be  it  further  enacted.  That  all  laws  or  clauses  of 
laws,  coming  within  the  meaning  and  puf\Iew  of  this  act,  be 
and  the  same  are  hereby  repealed,  and  that  this  act  shall 
take  effect  and  be  in  force  from  and  after  the  first  day  of 
February  next. 

Ratified  the  26th  day  of  January,  A.  D.  1843. 


1845.  Besolution  in  favor  of  the  Commissioners,  of  llaleigh. 

Resolved,  That  the  Commissioners  of  the  city  of  RaleigP 
shall  hereafter  be  authorised  and  permitted  to  get  from  the 
State  Quarry  any  loose  stone  they  may  want  for  public  pur- 
ase^f ''*/oLe  poscs,  w Ithout  charge,  and  that  they  be,  and  are  hereby  relas- 
trom-iuarry.  gj  discharged  fi'om  all  claims  against  them  by  the  State, 
for  all  the  stone  heretofore  got  by  them  from  said  quarry,  to 
repair  the  streets,  and  for  other  public  purposes. 

Ratified  the  Tth  day  of  January,  1845. 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


An  Act  to  protect  from  injury  the  Lots  belonging  to  the  1847. 

State  in  the  City  of  Raleigh. 

Be  it  enacted  by  the  Greneral  Assembly  of  the  State  of 
North  Carolina^  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  the  Treasurer  of  the  State,  Secretary  of 
State,  and  Comptroller,  be,  and  they,  or  any  two  of  them, 
are  hereby,  authorised  and  directed  to  lease  for  a  period,  not 
exceeding  two  years,  upon  such  conditions  and  terms  as 
they  may  deem  just  and  proper,  any  of  the  lots  of  land  in 
the  city  of  Raleigh,  belonging  to  the  State,  and  now  occu¬ 
pied  by  private  persons:  Provided^  That  nothing  herein 
contained  shall  be  so  construed  as  to  authorise  the  sale  or 
renting  of  the  lot  known  as  the  Baptist  Grove,  on  which  the 
public  school  house  and  Baptist  Church  are  erected. 

Ratified  the  I7th  day  of  January,  1847. 

# 


An  Act  to  amend  an  act,  passed  in  the  year  1803,  entitled  1851. 
an  act  for  the  Crovernment  of  the  City  of  Raleigh. 

Be  it  enacted  by  the  G-eneral  Asse^nhly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same.  That  no  person  shall  be  entitled  to  vote  at  any  of  voters  for 
election  for  Intendant  and  Commissoners  of  the  city  of  Ra-  and  CoTufnis- 
leigli,  unless  he  shall  have  resided  within  the  limits  of  the  said 
city  for  at  least  six  months,  and  in  the  ward  in  which  he 
offers  to  vote  for  at  least  ten  days  next  preceding  the  day  of 
election,  paid  city  taxes  within  twelve  months  preceding  the 
day  of  election,  or,  being  a  non-resident,  shall  ow'n  in  fee 
simple  real  estate  in  the  city  of  Raleigh,  and  shall  have 
possessed  said  real  estate  at  least  six  months  preceding  the 
day  of  election. 


56 


ACTS  OF  ASSEMBLY  FOR  THE 


II.  Be  it  further  enacted^  That  whenever  an  election 
shall  be  held  for  an  Intendant  and  Commissioners  of  said 

T  oard  fill  shall  he  the  duty  of  the  sheriff  of  the  county  of 

'.wancifcs.  "^Yake  to  declare  the  persons  receiving  the  highest  number 
of  votes  to  be  elected ;  and,  if  there  be  a  tie  between  any 
two  of  the  candidates,  so  that  no  election  can  be  made,  then 
he  shall  certify  this  fact  in  his  return ;  and  the  Board  of 
Commissioners,  at  their  first  regular  meeting  thereafter,  shall 
edect  some  person  by  ballot  to  fill  the  vacancy. 

III.  Be  it  further  enacted^  That  it  shall  be  the  duty  of 
Intendant  the  Intendant  ta  preside  over  all  meetings  of  the  Board  of 

vole.  Commissioners,  when  present,  and  in  all  cases  where  there 
is  a  tie  upon  any  question,  he  shall  be  entitled  to  give  the 
casting  vote. 

lY.  Be  it  further  enacted^  That  the  Commissioners  of 
said  city  shall  have  power  and  authority  to  levy  and  col¬ 
lect  a  tax,  not  exceeding  twenty-five  dollars,  on  every  bil 
hard  table,  nine  or  ten  pin  alley,  victualing  house  or  restau¬ 
rant,  and  upon  every  permission  granted  to  retail  spirituous 
liquors  within  the  limits  of  said  city. 

V.  Be  it  further  enacted,  That  it  shall  not  be  lawful 
for  the  Justices  of  the  County  Court'  of  Wake  to  grant  any 
license  to  retail  spirituous  liquors  within  the  limits  of  the 
city  of  Raleigh,  without  the  permission  of  the  Board  of 
Commissioners  first  had ;  and  if  any  license  shall  be  granted 

ikiuorl*^  ^  without  such  permission  in  writing,  attested  by  the  clerk  of 
the  Board  of  Commissioners  first  filed  with  the  clerk  of  said 
County  Court,  such  license  shall  be  void  and  of  no  effect ; 
and  the  person  obtaining  such  license  shall  be  liable  to  in¬ 
dictment,  as  in  other  cases  of  retailing  without  license,  and 
to  a  penalty  of  twenty  dollars  for  each  and  every  offence, 
to  be  recovered  by  warrant,  before  the  Intendant  of  Police 
or  any  Justice  of  the  Peace,  in  the  name  of  the  Commissioners 
of  said  city  for  the  use  of  said  city. 

VI.  Be  it  f  urther  enacted,  That  the  Commissioners  of 

Tax  on  hogs  powcr  and  authority  to  levy  a  tax  of 


(JOVERKMENT  OF  THE  CITY  OF  RALEIGH. 


r.'y 

O'  i 


not,  exceeding  three,  dollars  upon  every  hog  kept  running  at 
large  in  the  streets  of  said  city. 

VII.  Be  it  further  enacted,  That  this  act  shall  he  in 
force  from  and  after  the  passage  thereof. 

I 

•  Ratified  the,  28th  day  of  January.  1851* 


I 


)v 


9 


0  K  D  I  N  A  N  C  Ji  S 


AND 


OF  TH; 


r 


EDARji  OF  00MMJ8HIONEKH, 


m-- 


FOR  THE  GOVERNMENT  OF 


THE  CITY  OF  RALEICH 


N’OW  IN  FOEGK, 


FROM  THE  YEAR  1803  TO  1864. 


KxVLEIGH: 

‘sEATON  GALES,  PRINTER  AND  PUBLISHEFv. 

1854, 


t. 


# 


®  [E  ©  a  !ia  i 


❖ 


GENERAL  REGULATIONS. 

1.  If  any  free  person  shall  cut,  fell  or  destroy,  or  cause  to  be  cut, 
felled  or  destroyed,  any  tree,  bush  or  underwood,  growing  or  being 
on  the  Public  Squares  or  Grounds,  in  or  adjoining  the  city  of  Raleigh, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  for 
every  such  offence  four  dollars,  with  costs ;  and  if  any  slave  shall  be 
guilty  of  the  like  offence,  he  shall  receive  not  less  than  ten,  nor  more 
than  thirty-nine  lashes. 

2.  No  citizen  of  Raleigh  shall  encroach  upon  the  streets  of  said 
city,  by  erecting  any  piazza,  porch,  paling,  chimney  or  other  build¬ 
ing  within  the  same,  except  the  necessary  fencing  of  any  trees,  on 
pain  of  being  obliged  to  remove  the  same,  or  of  paying  such  an  an¬ 
nual  fine  to  the  Commissioners  as  shall  be  determined  upon  by  them. 

3.  No  wood,  brick,  stone,  earth  or  other  substance  shall  be  suffer¬ 
ed  to  lie  in  the  public  streets  of  the  city.  Offenders  failing  to  remove 
any  such  obstruction  to  the  free  passage  of  the  streets,  within  twenty- 
four  hours  after  being  required  to  do  so  by  a  Constable  of  the  city, 
shall  forfeit  for  every  such  offence  four  dollars. 

4.  No  chimney  shall  be  erected  within  the  City  of  Raleigh  of  any 
other  material  than  stone  or  brick,  on  pain  of  having  the  same  re¬ 
moved,  or  forfeiting,  after  notice  given  to  the  tenant  or  owner  by  the 
Intendant  of  Police  or  City  Constable,  for  the  first  month  such  chim¬ 
ney  shall  remain  standing,  twenty-five  dollars,  and  for  every  succeed¬ 
ing  month,  four  dollars. 

5.  The  citizens  of  Raleigh  may  plant  trees  or  posts  in  front  of 
their  houses  in  the  streets  of  the  same,  at  the  distance  of  twelve  feet 
from  the  line  of  the  street ;  and  if  any  person  shall  mischievously 
cut  or  destroy  any  such  tree  or  post,  he  or  she  shall,  upon  conviction, 
pay  twenty-five  dollars,  with  costs :  and  if  a  slave  shall  be  guilty  of 
the  like  offence,  he  shall  receive  not  less  than  ten,  nor  more  than 
thirty-nine,  lashes. 

6.  No  person  shall  discharge  any  gun  or  other  fire-arms  within 
any  of  the  streets  or  public  squares  of  the  city,  or  upon  any  lot  of 
the  same,  (excepting  his  own  lot,)  on  pain  of  forfeiting  four  dollars 
for  every  such  offence.  Or,  if  the  offence  be  committed  in  the  night, 
the  offender  shall  forfeit  twenty-five  dollars. 


64 


ORDINANCES  FOR  THE 


7.  No  free  negro  or  mulatto  shall  be  permitted  to  reside  in  the  cit  v* 
without  obtaining  a  permit  from  the  Board  of  Commissioners,  which 
will  not  be  granted  until  the  Board  be  satisfied  that  the  applicant  sup¬ 
ports  an  honest,  industrious  and  peaceable  character ;  and  which  shall 
be  forfeited  on  misbehavior.  For  such  misbehavior,  each  ojQPender 
shall  forfeit  and  pa}^  the  sum  of  four  dollars,  to  be  recovered  bv  w'ar- 
rant  in  the  name  of  the  Commissioners  of  the  city,  one-half  thereof 
to  the  use  of  the  city,  and  the  other  half  to  the  informer.  And,  if 
any  mulatto  or  free  person  of  color  shall,  after  conviction  aforesaid, 
continue  to  reside  in  the  city,  in  violacion  of  this  Ordinance,  he,  she 
or  they  shall  be  again  liable  to  the  same  penalty  aforesaid. 

8.  No  slave  shall  leave  his  master’s  or  mistress’s  lot,  after  nine 
o’clock  at  night,  without  a  permit,  on  pain  of  being  taken  up  and 
committed  to  jail  by  the  City  Watch  for  the  night,  and  of  being 
brought  before  the  Intendant  of  Police,  for  examination,  next  morn¬ 
ing. 

9.  No  person  shall  take  water  from  any  of  the  public  pumps  in 
barrels,  nor  water  a  horse  at  either  of  the  pumps,  on  pain  of  forfeit¬ 
ing  a  dollar,  if  a  free  person,  or  of  being  whipped,  if  a  slave. 

10.  Free  persons  of  color  gaming  with  slaves,  within  the  limits  of 
the  city,  shall,  for  every  such  oftence,  be  fined  not  exceeding  twenty- 
five  dollars,  nor  less  than  four  dollars.  Slaves  gaming  with  each 
other,  or  with  free  persons,  shall  be  whipped  at  the  discretion  of  the 
Intendant,  not  exceeding  thirty-nine  lashes, 

11.  Persons  committing  wanton  injury  on  the  property  of  any  in¬ 
habitant  of  this  city  shall,  on  conviction,  be  fined  not  less  than  four 
dollars,  nor  more  than  fifty  dollars,  at  the  discretion  of  the  Intendant 
of  Police. 

12.  No  house  or  store,  in  which  spirituous  liquors  are  retailed,  shall 
be  kept  open  after  ten  o’clock  at  night,  on  pain  of  forfeiting  four  dol¬ 
lars. 

13.  No  person  shall  throw  anything  into  the  gutters  of  the  public 
streets,  which  may  obstruct  the  free  passage  of  the  water,  on  pain  of 
forfeiting,  on  conviction,  one  dollar.  If  a  slave  be  guilty  of  tin- 
same  offence,  he  shall  be  subject  to  be  whipped,  at  the  discretion  of 
the  Intendant  of  Police. 

14.  If  any  person  shall  wantonly  throw  filth  or  rubbish  of  any 
kind  into  any  of  the  public  wmlls,  or  in  any  manner  injure  the  works 
thereof,  he  shall  be  subject  to  a  fine  not  exceeding  twenty-five  dol¬ 
lars,  nor  less  than  four  dollars.  If  a  slave  shall  be  guilty  of  tin* 
like  offence,  he  shall  be  whipped,  at  the  discretion  of  the  Intendant. 

15.  The  city  Constable  shall  have  full  power  and  authority,  in  case 
of  his  meeting  with  resistance  in  the  execution  of  his  official  duties. 


“GOVERNMENT  OF  THE  CITY  OF  RALEIGH.  65 


•tO  summon  a  sufficient  number  of  persons  to  aid  and  assist  him  in 
the  execution  of  his  duties,  and  if  anv  person,  so  summoned,  shall 
neglect  or  refuse  to  aid  and  assist,  the  Constable  is  hereby  directed 
to  make  return  of  the  names  of  such  person  or  persons  so  refusing 
’to  aid  and  assist,  to  the  Intendant,  who  is  required  to  proceed  against 
such  person  or  persons  as  the  law  may  direct.  The  city  Constables 
sliall  have  power  to  ent'er  the  enclosure  and  house  of  any  person, 
when  they  have  good  reason  to  believe  any  of  the  laws  of  the  State  or 
ordinances  of  this  city  are  violated,  without  having  a  warrant  or 
warrants,  for  the  apprehension  of  any  person  or  persons,  and,  if 
necessary,  they  may  summon  a  posse  to  aid  them.,  and  each  and  every 
one  so  summoned  shall  have  the  like  authority. 

16.  AVhen  any  person  or  persons  shall  be  found  offending  against 
any  of  the  city  ordinances  that  are  or  may  be  in  force,  and  shall 
make  his,  her  or  their  escape  from  the  city  Constables,  it  shall  be  the 
duty  of  the  said  Constables  to  lodge  information  immediately  with 
the  Intendant  of  Police  for  the  city,  who  is  empowered  and  required 
to  issue  his  warrant  to  apprehend  such  offender,  and  on  sufficient  evi¬ 
dence  to  take  the  same  proceedings  against,  and  inflict  the  same 
lines  or  corporal  punishment  on,  such  offenders,  when  brought  before 
him,  as  they  would  have  been  liable  to,  if  they  had  been  apprehend¬ 
ed  and  brought  before  him  without  such  wuirrant,  or  without  first 
having  made  his,  her  or  tl^ir  escape. 

17.  No  person  shall  be  allowed  to  fasten  a  horse,  mule,  &c.,  to  the 
fence  inclosing  the  Capitol  Square,  on  pain  of  forfeiting  one  dollar  ; 
and  every  person  finding  a  horse,  etc.,  so  fastened,  will  be  justified  in 
letting  him  Icose.  Any  person  fixing  a 'horse-shoe,  hook,  or  other 
thing  to  said  fence,  for  the  purpose  of  fastcningfliorses,  etc.,  thereto, 
shall,  if  a  free  person,  forfeit  ten  dollars  ;  and,  if  done  by  a  slave, 
he  shall  be  whipped,  at  the  discretion  cf  the  Intendant  of  Police. 

18.  If  any  person  shall  feed  any  horse  or  horses,  mules  or  other 
animals,  on  any  of  the  streets  except  111080  immediately  in  the 
vicinity  of  the  .Railroad  Depots,  or  shall  hitch  either  of  the  said  ani¬ 
mals  to  any  shade  trees  in  the  city,  he  shall,  on  conviction  before  the 
Intendant  of  Police,  be  fi.ncd  five  dollars  and  the  cost  of  the  wurrant 
for  each  offence ;  and  the  city  Constables  are  hereby  directed  to  en¬ 
force  this  ordinance  ;  said  fine  to  be  recovered  by  warrant,  in  the 
name  of  the  Commissioners  of  the  ^-it}^  of  Raleigh. 

10.  No  person  shall  deposit  in  >iuy  of  the  streets  of  the  city  any 
quantity  of  clay  or  dirt,  without  permission  of  the  Board  of  Com¬ 
missioners,  on  pain  of  forfeiting  four  dollars  for  every  such  offonce. 
Every  slave  guilty  of  the  like  offence,  on  conviction,  shall  be  whipped 


5 


ORDINANCES  FOR  THE 


t)6 

not  exceeding  ten  lashes ;  and  each  and  every  distinct  act  of  deposit¬ 
ing  clay  or  dirt,  shall  be  considered  a  new  and  distinct  offence. 

20.  None  of  the  public  squares  of  the  city  shall  be  cultivated  or 
occupied  in  any  manner,  on  pain  of  forfeiting  ten  dollars  ;  and  every 
continuance  of  such  occupancy  or  appropriation,  after  due  notice 
given  by  the  Intendant  of  Police  to  relinquish  the  same^  shall  be 
considered  and  punished  as  a  fresh  offence. 

21.  If  any  male  slave  shall  be  guilty  of  rude,  indecent  or  offen¬ 
sive  behavior  towards  any  white  female,  in  any  of  the  streets  or  pub¬ 
lic  grounds  of  the  city,  either  by  night  or  day,  so  as  to  insult  or 
alarm  such  female,  he  shall,  on  conviction,  be  whipped  at  the  discre¬ 
tion  of  the  Intendant  of  Police. 

22.  If  any  slave  shall  offer  for  sale  any  food,  fuel,  forage,  or 
other  commodity,  in  the  night  time,  without  permission  in  writing 
from  his  master,  mistress  or  overseer,  such  commodity  may  be  seized 
by  a  city  Constable ;  and  if,  after  advertising  the  same  for  ten  days, 
Tio  owner  of  what  is  so  seized  shall  appeaiq  it  shall  be  sold  at  the 
market-house,  and  one-half  of  the  proceeds  shall  go  to  the  officer 
seizing  the  same,  and  the  other  half  to  the  city  treasury. 

23.  The  Constables  for  the  city  of  Raleigh  shall  be  aj^pointed  for 
three  months  only,  at  the  fir.4t  meeting  in  the  months  of  January, 
April,  July  and  October,  in  each  and  every  year. 

24.  All  offences  shall  be  tried  before  the  Intendant  of  Police,  or 
in  his  absence,  etc.,  before  a  Justice  of  the  Peace,  and  all  fines  shall 
go,  one  half  to  the  city  fund,  and  the  other  half  to  the  person  who 
brings  offenders  to  conviction. 

25.  To  every  stove  erected  within  the  city,  there  shall  be  an  iron 
or  brick  hearth,  extending  one  foot  in  front  and  one  each  side,  and 
the  pipe  to  every  such  stove,  if  it  pass  through  the  wall  or  roof  of 
the  house,  shall  extend  four  feet  from  the  same,  and  such  pipe  shall 
have  a  cap  or  elbow  fixed  to  the  end  of  it,  and  shall  not  be  placed 
within  eight  feet  of  any  other  building ;  and  it  shall  be  the  duty  of 
the  city  Constables,  from  time  to  time,  (and  especiajlye  very  Fall,)  to 
examine  the  stoves  erected  in  the  city,  and  if  they  be  not  construct¬ 
ed  in  conformity  wfith  the  above  regulations,  they  shall  give  direc¬ 
tions  to  their  owners  to  have  them  so  fixed ;  and  if  such  directions 
be  not  carried  into  effect,  within  a  month  from  the  date  at  which  they 
are  given,  the  owner  shall  be  subjected  to  a  penalty  of  five  dollars. 

26.  If  any  inhabitant  of  the  city  shall  suffer  a  chimney  in  his 
house  to  take  fire,  so  as  to  blaze  out  at  the  top,  (except  in  rainy 
weather,)  he  or  she  shall  be  subject  to  a  fine  of  four  dollars. 

27.  No  blacksmith’s  pr  baker’s  shop  shall  be  erected  in  that  part 
of  the  city,  which  is  limited  by  Blount  street  on  the  East,  Cabar¬ 
rus  street  on  the  South,  McDowell  street  on  the  West,  and  Jones’ 


'aOVERNMENT  OF  THE  CITY  OF  RALEIGH.  67 


street  on  the  North,  unless  said  shops  shall  be  made  fire-proof.  Any 
person  (Tending  against  this  regulation  will  subject  himself  to  a  fine 
•of  fifty  dollars  ;  and  for  every  month  such  prohibited  building  shall 
be  kept  up,  a  like  forfeiture  will  be  incurred. 

28.  No  buildings  of  wood  or  perishable  materials  shall  be  built 
on  the  squares  in  the  city  of  Raleigh  bounded  by  Morgan  street  on 
the  North,  by  Salisbury  street  on  the  West,  by  Martin  street  on  the 
South,  and  by  Wilmington  street  on  the  East ;  nor,  shall  any  wooden 
houses  be  removed  from  any  part  of  the  city,  or  from  any  other 
place,  on  said  square,  under  a  penalty  of  forfeiting  ten  dollars  for 
every  week  that  any  such  building  shall  remain  thereon,  to  be  paid 
to  the  city  Treasurer,  to  be  applied  to  the  improvement  of  said  city. 

29.  No  shavings  or  other  fuel,  except  the  fire  which  blacksmiths 
may  require  in  tiring  wheels,  shall  be  hereafter  burnt  in  any  of  the 
streets  of  the  city ;  and  every  person  who  shall  violate  this  ordi¬ 
nance,  by  setting  fire  to  shavings  or  other  fuel  in  any  street  of  this 
city,  except  blacksmiths  9.s  aforesaid,  or  cause  the  same  to  be  done  in 
the  day  time,  and  shall  not  extinguish  it  before  dark,  shall,  for  each 
offence,  if  a  free  person,  forfeit  and  pay  five  dollars,  to  be  recovered 
by  warrant  before  the  Intendant  of  Police,  in  the  name  of  the  Com¬ 
missioners  of  the  city  of  Raleigh,  one  moiety  whereof  shall  go  to  the 
city  fund,  for  the  use  of  the  city,  and  the  other  moiety  to  the  party 
'Suing  for  the  same  ;  and  if  the  offender  be  a  slave,  the  punishment, 
on  conviction,  shall  be  whipping  not  exceeding  thirty-nine  lashes. 

30.  Every  owner  or  proprietor  of  a  lot  in  this  city,  on  which  there 
is  an  open  cellar,  or  on  wdiich  any  cellar  may  hereafter  be  opened,  if 
the  same  be  situate  on  a  public  street,  shall  erect  or  cause  to  be  erec¬ 
ted  in  front  thereof,  and  on  the  side  also,  wdiere  the  same  lies  expo¬ 
sed,  a  temporary  fence,  railing  or  barricade,  on  pain  of  forfeiting  one 
dollar  for  every  day  that  said  owner  or  proprietor  may  refuse  or  neg¬ 
lect  to  erect  the  same,  to  be  recovered  by  warrant  before  the  Inten¬ 
dant  of  Police,  and  to  be  applied  to  the  use  of  the  city. 

31.  If  any  person  shall  sell  goods  by  auction  in  the  city  of  Raleigh, 
without  authority  from  the  Commissioners  of  the  city,  he  shall  forfeit 
and  pay  ten  dollars  for  every  such  offence,  for  the  use  of  the  city,  to 
be  recovered  by  warrant  in  the  name  of  the  Commissioners  aforesaid, 
before  the  Intendant  of  Police. 

32.  That  any  person  or  persons,  who  shall  remove  or  cause  to  be 
removed  any  sand  from  the  streets,  or  loam  or  clay  from  any  square 
or  lot  belonging  to  the  city  of  Raleigh,  either  within  or  beyond  the 
corporation,  shall  for  each  offence  be  fined  the  sum  of  four  dollars  ; 
and  it  shall  be  the  duty  of  the  officers  of  the  city  to  report  to  the 
Mayor  immediately  any  infringement  of  this  ordinance,  and  he  shall 


68 


ORDINANCES  FOR  THK 


issue  his  warrant,  and  cause  the  offender  to  appear  before  him,  ancU 
on  conviction, ’the  above  fine  of  four  dollars  shall  be  paid,  with  all 
costs  which  maj  attend  the  same. 

33.  The  cisterns  shall  be  under  tlie  charge  of  the  Pump  Commit¬ 
tee,  whose  duty  it  shall  be  at  all  times  to  keep  them  well  filled  with 
water,  to  be  used  in  case  of  fire,  and  on  no  other  occasion. 

34.  The  city  Constables  shall  be  directed  to  notify  all  persons 
liaving  trees  in  front  of  their  lots  in  tlie  city,  to  have  the  same  pro¬ 
perly  trimmed,  so  as  not  to  obstruct  the  passage  of  the  streets,  and 
if  the  owner  or  occupants  of  the  lots  refuse  to  do  the  same,  they 
are  in  all  cases  to  be  trimmed  under  the  supervision  of  the  city  Con- 
stables,  and  the  owners  or  occupants  of  the  lot  be  charged  with  the 
expense  of  said  wmrk,  and  the  amount  to  be  recovered  by  woirrant, 
in  the  name  of  the  Commissioners,  before  tlie  Inten-dant  of  Police. 

35.  No  person  shall  ride  or  drive  any  horse  or  horses  with  greater 
speed,  in  the  city  of  Raleigh,  than  at.  the  rate  of  six  miles  an  homy 
under  the  penalty  of  five  dollars  for  each  and  every  offence,  to  be 
recovered  of  the  owner  or  driver  thereof,  severally  and  respectively. 

36.  No  person  shall  suffer  or  permit  to  go,  or  lead,  or  ride,  or 
drive  any  horse  upon  any  of  the  side-walks  in  the  city  of  Raleiirli^ 
under  the  ])enalty  of  one  dollar,  to  be  paid  by  the  owmer  or  persons 
having  the  care,  charge  or  keeping  thereof,  severally  and  respectively  c 
And  no  person  shall  run,  or  race,  or  strain  any  horse  in  any  pub¬ 
lic  street  in  tlie  city  of  Raleigh,  nor  shall  consent  to  or  suffer  such 
racing,  under  the  penalty  of  twenty  dollars,  to  be  recovered  of  the 
person  or  persons  who  shall  race,  or  suffer  or  permit  such  racing, 
and  the  owner,  rider  and  the  person  having  the  charge  of  any  ani¬ 
mal  which  shall  so  race  or  run,  severally  and  respectively :  And, 
any  free  negro  or  slave  violating  any  one  of  these  ordinances, 
and  failing  to  pay  the  penalty  prescribed,  and  the  master  or  mistres? 
of  the  slave  refusing  to  pay,  shall  he  whipped  at  the  public  wliipping 
post,  on  his  or  lier  hare  back,  not  more  than  thirty,  nor  less  than  ten 
lashes,  at  the  discretion  of  the  Intendant. 

37.  No  person  shall  stop  any  cart  or  wagon,  carryall,  gig  or  car¬ 
riage  on  any  of  the  side-w'alks  of  any  street,  so  as  to  obstruct  the 
])assing  to  and  fro  o-f  foot  passengers,  under  the  penalty  of  one  dol¬ 
lar,  for  so  stopping,  and  of  twenty-five  cents  for  every  five  minutes 
they  shall  remain  after  having  been  notified  to  move  off,  to  be  reco¬ 
vered  of  the  owner,  driver  or  person  having  the  charge  thereof,  seve¬ 
rally  and  respectively  ;  and  if  a  slave  or  free  negro  shall  violate  this 
ordinance,  unless  the  penalty  is  paid  either  by  them  or  their  master 
or  owner,  he  or  she  shall  receive  not  more  than  twenty  ner  less  than 
ten  lashes,  at  the  discretion  of  the  Intendant :  Provided,  nevertheless, 


OOYERNMENT  OF  THE  CITY  OF  RALEIGH. 


e:^ 

tlie  driving  of  a  cart  or  wagon  on  the  side-walk  to  deliver  wood  shall 
not  be  considered  a  violation  of  this  ordinance,  provided  the  wood  is 
thrown  out  without  unnecessary  delay,  and  as  soon  as  the  wood  is 
delivered  or  throym  out,  the  cart  or  wagon  is  removed  from  off  the 
side-walk. 


THE  SABBATIL 

1.  If  any  free  person  shall  be  taken  up  and  convicted  for  disorderly 
conduct  on  the  Sabbath,  he  shall  be  fined  not  exceeding  four  dol¬ 
lars,  which  fine,  if  not  paid  when  demanded,  may  be  recovered  by 
w' arrant. 

2.  It  shall  be  held  to  be  a  violation  of  the  good  order  of  the  Sab¬ 
bath,  for  any  slaves  or  free  persons  of  colour  to  be  loitering  in  any 
of  the  public  streets  of  the  city  ;  and  it  shall  be  the  duty  of  the  city 
Constables  to  take  up  any  such  person  or  persons  of  color  so  offend¬ 
ing,  and  if  no  responsible  white  person  will  give  a  verbal  pledge  to 
tlie  officer,  that  the  offender  or  offenders  shall  appear  before  the  In- 
tendant  of  Police  or  some  Justice  of  the  Peace  resident  wfithin  the 
city,  the  following  morning,  he,  she  or  they  shall  be  committed  to 
jail,  and,  after  due  examination,  shall  be  wliipped  or  otherwise  dealc 
with,  at  the  discretion  of  the  Intendant  or  Magistrate. 

3.  It  is  made  the  duty  of  the  city  Constables  to  disperse  any  un- 
i awful  assemblage  of  negroes  which  may  be.  found  about  the  market 
house,  or  in  any  other  part  of  the  city,  on  the  Sabbath  day,  and  to 
apprehend  such  as  may  be  disorderly,  and  carry  them  before  the  In¬ 
tendant  of  Police. 

4.  Slaves  from,  the  country,  found  in  the  city  on  the  Sabbath,  or 
in  the  night,  without  a  pass  from  their  masters,  mistresses  or  over¬ 
seers,  shall  'be  taken  up  by  the  city  Constables  and  carried  before 
the  Intendant  of  Police ;  and  the  city  Constables  are  directed  to 
patrol  the  city  for  the  purpose  of  apprehending  such  disorderly 
slaves. 

5.  No  free  person  shall  be  allowed  to  play  at  any  games  no  the  Sab¬ 
bath  day,  vfithin  tlie  limits  of  the  city  of  Raleigh,  on  pain  of  forfeit¬ 
ing  for  every  such  offence  four  dollars;  and  if  any  slave  offend  in 
this  respect,  he  shall  be  whipped  at  tlie  discretion  of  the  Intendant : 
.and  every  proprietor  of  a  Five-Alley  or  other  Sport-Ground,  permit¬ 
ting  games  to  be  played  on  the  Sabbath,  shall  forfeit,  on  conviction, 
twenty-five  dollars. 


TO 


ORDINANCES  FOR  THE 


6.  It  skall  be  tbe  duty  of  the  Constables  of  the  city  of  Raleigh 
to-  go  over  the  whole  city  and  suburbs  at  least  two  Sundays  in  everv^ 
month,  and  diligently  search  every  suspected  house  and  nook,  foV 
the  purpose  of  preventing  the  assemblage  of  any  slaves  or  free  ne¬ 
groes,  of  apprehending  any  person  or  persons  who  may  be  found 
violating  any  of  the  laws  or  ordinances  of  the  city  or  of  the  State, 
and  of  ferreting  out  and  bringing  to  justice  all  offenders  against  the- 
peace  and  good  order  of  society. 


THE  MARKET. 

1.  The  chief  city  Constable  shall  be  clerk  of  the  Market,  with  a  com¬ 
petent  allowance  for  his  services,  whose  duty  it  shall  be  to  inspect 
whatever  is  brought  to  Market,  to  preserve  good  order  therein,  to- 
rent  out  the  stalls  and  receive  the  m-oney  therefor,  and  pay  the  same- 
over  to  the  city  Treasurer,  and  to  see  that  these  regulations  be,  in 
all  respects,  strictly  observed.  In  case  any  meat  or  other  article  bo 
offered  for  sale,  which  the  Clerk  of  the  Market  shall  deem  unfit,  un¬ 
sound  or  unwholesome,  he  shall  direct  it  to  be  withdrawn  ;  and  if 
this  direction  be  not  complied  vritli,  the  person  offering  the  article 
objected  to  shall  be  subject  to  a  fine  of  two  dollars.  And  if  any 
person  attending  said  Market  shall  appear  there  intoxicated,  or  shall 
act  in  a  rude  and  disorderly  manner,  he  shall  be  taken  before  the 
proper  authority,  and,  on  conviction  of  any  such  offence,  be  subject 
to  a  fine  of  two  dollars,  or  imprisonment  for  a  period  not  exceeding 
ten  days,  at  the  discretion  of  the  Intendant  of  Police  or  Justice  of 
the  Peace,  by  whom  the  case-  shall  be  examined.  And  in  case  any 
person  shall  fail  to  leave  the  Market  House,  and  remove  therefrom 
the  articles  which  he  may  have  exposed  there  for  .sale,  within  fifteen 
minutes  after  the  hour  for  closing  the  same,  (the  arrival  of  which  is- 
to  be  announced  by  the  ringing  of  a  hell,)  he  shall  be  subject  to  a 
fine  of  two  dollars.  During  the  Summer  season,  meat  and  other 
provisions  may  be  exposed  for  sale  in  the  Market  House  on  Saturday 
evenings,  provided  that  the  house  be  always  cleared  by  nine  o’clock 
P.  M. 

2.  For  every  beef  or  calf  exposed  to  sale  by  the  retail  in  the 
Market  House  or  square,  in  the  city,  shall  be  paid  on  demand  to  the 
Clerk  of  the  Market,  for  the  privilege  of  the  use  of  the  Market 
House  or  square,  by  the  person  exposing  the  same,  fifteen  cents  ;  and 
for  every  sheep  or  lamb  exposed  to  sale  in  the  same,  five  cents  : 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH.  71 


Provided,  That  no  persons  who  have  rented  stalls  in  the  Market 
House  shall  be  subject  to  said  tax. 

3.  If  any  person  or  persons  shall  refuse  to  pay  the  tax  herein  laid, 
the  Clerk  of  the  JMarket  may  refuse  him  or  them  admittance  to  the 
Market  House,  or  may  recover  the  same  by  warrant,  before  the  In- 
tendant  of  Police  of  said  city. 

4  It  shall  be  the  duty  of  the  Clerk  of  the  Market  to  attend  the  same 
from  sunrise  to  eight  o’clock  in  the  Summer,  and  from  sunrise  to  nine 
o’clock  in  the  winter,  to  receive  the  aforesaid  tax,  and  keep  a  correct 
account  of  such  receipts  in  a  book  to  be  procured  for  that  purpose. 

5.  No  person  shall  be  permitted  to  expose  to  sale  in  the  Market 
House  cider  or  other  liquor  ;  and  any  one  exposing  to  sale  in  the 
Market  House,  or  within  twenty  feet  thereof,  any  cider  or  liquor,  if 
a  white  person,  he  or  she  shall  forfeit  ten  dollars  ;  if  a  colored  free 
person,  he  or  she  shall  forfeit  four  dollars  ;  and  if  a  slave,  his  or 
her  master  or  mistress,  knowing  and  approving  the  act,  shall  be  sub¬ 
ject  to  a  fine  of  ten  dollars  ;  and  if  such  slave  shall  have  behaved 
him  or  herself  in  a  disorderly  manner,  he  or  she  shall  be  whipped  at 
the  discretion  of  the  Intendant  of  Police. 

6.  If  any  person  shall  at  any  time  be  found  in  a  state  of  intoxica- 
cation  in  the  Market  House,  or  behaving  in  a  disorderly  manner 
therein,  or  idly  lying  on  the  benches  thereof,  if  a  vydiite  or  colored 
free  person,  he  shall  be  subject  to  a  fine  not  exceeding  ten  dollars 
nor  less  than  four  dollars.  And  it  is  made  the  express  duty  of  the 
city  Constables  or  Clerk  of  the  Market,  to  apprehend  and  carry  every 
sucli  person  before  the  Intendant  of  Police. 

7.  Of  the  six  stalls  in  the  Market  House,  four  shall  be  rented  to 
butchers  of  good  character,  who  shall  engage  to  supply  said  Market 
regularly  with  the  best  meat  that  can  be  procured  in  the  vicinity ; 
and  the  two  remaining  stalls  shall  be  reserved  for  the  use  of  the 
neighboring  planters,  who  may  furnish  occasional  supplies  to  said 
Market.  No  other  than  sound,  wholesome  meat,  shall  be  allowed  to 
be  ofiered  for  sale  in  t  .e  Market ;  good  order  and  decency  of  be¬ 
havior  shall  be  observed  by  the  butchers  and  other  venders,  and  by 
all  who  attend  the  Market ;  the  Market  House  shall  be  kept  clean 
and  orderly,  and  shall  be  daily  cleared  of  all  marketable  articles,  in 
Summer,  at  10  o’clock  in  the  forenoon,  and  at  all  other  seasons,  at 
12  o’clock,  at  noon. 

8.  It  shall  not  be  lawful  for  any  shop-keepter  or  other  person  to 
buy  any  article  of  provisions,  provender  or  country  produce  at  the 
market,  (water-melons  and  other  melons  excepted,)  for  the  pur¬ 
pose  and  with  the  intention  of  selling  the  same  again,  be¬ 
fore  the  hour  of  eight  A.  M.,  from  the  first  day  of  April  to 


ORDINANCES  FOR  THE 


the  first  day  of  October,  and  the  hour  of  nine  A.  M.  from  the  first" 
day  of  October  to  the  first  day  of  April  in  each  and  every  year,  un¬ 
der  a  penalty  of  four  dollars  for  each  and  every  violation  of  this 
ord  nance,  to  be  recovered  by  warrant  before  the  Intendant  or  any 
Justice  of  the  Peace,  for  the  use  and  benefit  of  the  city  of  Raleigh. 

9.  No  article  of  produce  shall  be  exposed  to  sale  within  the 
limits  of  the  city,  before  eight  o’clock  in  the  morning  on  any  day 
during  the  months  of  May,  June,  July,  August  and  September,  oi' 
nine  o’clock  in  the  morning  on  any  day  during  the  residue  of  the 
year,  except  at  the  Market  House,  and  any  person  purchasing  such 
article  or  articles,  either  in  person  or  through  the  agency  of  their 
servants  and  others,  contrary  to  such  restrictions,  shall  forfeit  and 
pay  five  dollars  for  each  and  every  offence,  together  with  the  costs 
of  prosecution,  one-half  of  which  penalty  shall  be  paid  to  the  infor¬ 
mer  and  the  other  half  into  the  city  treasury :  Provided^  however^ 
That  the  said  restriction  shall  not  extend  to  contracts  previously 
made  by  any  inhabitant  of  the  city  with  persons  residing  in  the 

'  country. 

10.  All  corn  meal  sold  within  the  limits  of  the  city  of  Raleigh  shall 
be  by  weight,  and  fifty  pounds  thereof  shall  be  considered  equal  to  a. 
bushed.  Any  person  who  shall  sell  meal  contrary  to  the  said  regula¬ 
tion  shall  forfeit  and  pay  for  each  bushel  so  sold  one  dollar,  one-half 
ef  the  said  penalty  for  the  benefit  of  the  person  prosecuting  for  the 
same,,  and  the  residue  to  be  paid  into  the  city  treasury. 


PARSONAGES. 

1.  The  Parsonages  belonging  to  the  different  Religious  denomina¬ 
tions  shall  be  exempt'  from  city  taxes. 


NUISANCES. 

1.  No'tanyard  or  slaughter-house  shall  hereafter  be  established 
within  the  limits  of  the  city.  Those  already  in  existence  shall  be 
kept  as  clean  and  free  from  stagnant  water  as  circumstances  will  al¬ 
low  ;  they  shall  be  suffered  to  continue  so  long  only  as  their  pro¬ 
prietors  obey  the  requirements  of  the  Commissioners  as  to  their 
cleanliness. 

2.  Stagnant  water  in  cellars  or  other  places  shall  be  removed,  on 
notice  from  the  Intendant  to  the  person  so  ofiending,  on  pain  of  for¬ 
feiting  four  dollars  for  every  day  it  shall  remain  after  such  notice. 


GOVERNME^s^T  OF  THE  €ITY  OF  RALEIGH. 


i  O- 


o.  It  shall  be  the  duty  of  every  occupant  of  a  city  lot  to  remove 
from  the  same  any  dead  animal  or  other  nuisance  which  may  happen 
to  be  thereon,  without  the  limits  of  the  city,  at  least  one  hundred 
yards  from  the  bounds  thereof,  and  from  any  public  road,  on  pain  of 
forfeiting  four  dollars. 

4.  No  privy  shall  be  permitted  to  stand  so  near  any  public  street  as 
to  be  offensive  to  passengers,  (they  shall  be  at  least  ten  feet  from  the 
street,)  on  pain  of  the  owner  or  occupier  of  such  property  forfeiting 
four  dollars ;  and  if  continued,  after  a  conviction  has  taken  place,, 
four  dollars  for  every  day  it  shall  remain ;  all  privies  to  be  effectual¬ 
ly  cleansed  once  in  every  three  months;  and  within  the  first  six  days 
of  July  and  September,  annually,  in  order  to  prevent  them  from  be¬ 
coming  offensive,  their  occupiers  shall  throw  into  them  a  sufficient 
cpiantity  of  lime  or  ashes,  on  pain  of  forfeiting  for  neglect  four  dol¬ 
lars. 


5.  No  privy  wdthin  the  limits  of  the  city  shall  be  suffered  to  remain 
exposed  in  such  a  manner  as  that  a  hog  or  pig  can  enter  therein,  un¬ 
der  the  penalty  of  ten  dollars,  to  be  collected  by  warrant:  Provided., 
That  in  every  instance  the  owner  of  such  privy  shall  have  received 
ten  days’  notice  from  the  city  Constable  of  his  liability  to  such 
penalty,  and  he  shall  have  failed  to  repair  his  lot  accordingly. 

6.  No  inhabitant  shall  be  suffered  to  convey  out  of  his  or  her  kit¬ 
chen  the  dish-water  and'  other  slops,  into  any.  of  the  streets  of  tlin 
city,  on  pain  of  forfeiting  fou-r  dollars,  and  one  dollar  for  every  day 
it  shall  remain  after  the  Intendant  shall  have  given  notice  to  the 
owner  to  have  it  removed. 

7.  Any  one  throwing  filth  in  the  streets,  ditches,  gutters,  &c,., 
from  the  jail  privies  or  otherwise,  shall  be  fined  ten  dollars  for  every 
offence,  one-half  to  go  to  the  informant  and  the  other  half  for  the- 
benefit  of  the  city  ^  if  it  shall  be  a  slave,  the  penalty  shall  be  thirty- 
mine  lashes  on  his  or  her  bare  back ;  the  fine  to  be  recovered  and 
the  penalty  of  the  slave  to  be  by  warrant  before  the  Intendant  of 
the  city. 

8.  No  hog-sty  shall  be  located  within  twenty-five  feet  of  any  pub¬ 
lic  street  within  this  city ;  and  if  any  such  sty  should  be  located 
contrary  to  the  meaning  of  this  ordinance,  and  the  person  or  persons- 
fail  to  discontinue  it,  on  being  notified  by  the  jiroper  authority,  within 
two  days,  they  shall  be  fined  five  dollars,  and  one  dollar  for  each  day 
it  may  be  allowed  to  stand. 

9.  It  shall  be  unlawful  to  fire  and  discharge  fire-crackers,  tor¬ 
pedoes,  &c.,  in  any  of  the  streets  or  public  grounds  of  this  city,  un¬ 
der  a  penalty  of  arrest  for  each  and  every  ofi'ence  agakist  this  ordi¬ 
nance,  to  be  brought  before  the  Intendant  of  Police,  to  be  adjudged 


74 


ORDINANCES  FOR  THE 


of  and  tlie  penalty  affixed,  if  a  negro  ;  and  if  a  wliite  person,  and  it 
appear  a  wanton  violation,  then  the  fine  shall  be  not  less  than  one 
dollar  nor  more  than  three  dollars. 

10.  It  shall  not  be  lawful  hereafter  for  any  person  to  exhibit  any 
stud-horse  or  jackass  in  the  streets  of  the  city  of  Raleigh,  or  to 
put  any  mare  to  a  stud  or  jack,  within  the  limits  of  the  said  city, 
and  each  and  every  person  concerned  in  so  putting  a  mare  to  a  stud 
or  jackass,  or  in  aiding  or  assisting  in  putting  them  together,  or  in 
causing  the  same  to  be  done,  contrary  to  this  ordinance,  shall,  for 
each  and  every  offence,  forfeit  and  pay  the  sum  of  ten  dollars,  to  be 
recovered  by  warrant  before  the  Intendant  of  Police,  and  applied 
one-half  to  the  use  of  the  city,  and  the  other  half  to  the  use  of  the 
informer. 

11.  Any  person  who  shall  be  found  guilty  of  the  act  of  loud  hal¬ 
looing,  screaming  or  making  any  loud  or  extravagant  noise  with 
horns  or  trumpets  of  any  kind,  (except  in  case  of  fire,)  in  the  city  of 
Raleigh,  either  in  the  day  or  night  time,  shall,  upon  conviction  there¬ 
of,  be  subjected  to  a  fine  of  five  dollars  and  cost  of  warrant,  for  each 
offence,  and  if  a  slave  to  be  publicly  whipped,  at  the  discretion  of 
the  Intendant  of  Police. 

12.  A  fine  of  five  dollars  shall  be  imposed  for  every  goat  running 
at  large  in  said  cit^^ — the  said  fine  to  be  paid  by  the  owner  or  owners 
of  said  goats. 


DOGS. 

1.  It  shall  be  the  duty  of  each  and  every  person,  at  the  time  of 
giving  in  his,  her  or  their  annual  list  of  taxable  property  for  the 
city,  to  declare,  on  oath,  the  number  of  dogs  or  sluts  over  three 
months  old,  that  he,  she  or  they  may  own,  or  which  may  belong  to 
any  person  boarding  or  residing  in  his,  her  or  their  family  or  fami¬ 
lies,  or  to  any  slave  in  his,  her  or  their  family  or  families,  or  employ¬ 
ment. 

2.  Should  any  person  or  persons,  living  within  the  limits  of  this 
city,  fail  to  give  in  their  dog  or  dogs,  or  slut  or  sluts,  in  the  manner 
prescribed,  he,  she  or  they  shall  forfeit  and  pay  the  sum  of  two  dol¬ 
lars  for  each  dog  or  slut  so  omitted,  to  be  recovered  by  warrant  be¬ 
fore  the  Intendant  of  Police,  or  any  Justice  of  the  Peace  for  the 
county  of  AYake,  to  go  to  the  city  Treasury. 


COYERNMENT  OF  THE  CITY  OF  RALEIGH. 


75 

THE  GRAVE  YARD. 

Is  divided  into  four  squares.  The  two  Korthern  squares  are  for 
the  use  of  the  citizens  and  their  friends.  Strangers  to  be  interred  in 
the  Soutb-Westerlj  square,  and  negroes  and  persons  of  color  in  the 
South-Easterly  square. 

2.  All  graves  to  be  due  East  and  West,  and  five  feet  in  depth. 

3.  No  Grave  to  be  opened  until  it  is  marked  out  by  a  city  Consta¬ 
ble,  on  pain  of  forfeiting  not  more  than  fifty  dollars,  nor  less  than  two 
dollars :  said  city  Constable  allowed  twenty-five  cents  for  each  grave 
marked  out  by  him,  to  be  paid  by  the  city  Treasurer. 

4.  Any  person  may  locate  and  inclose,  for  the  exclusive  use  of  his 
family,  any  quantity  of  ground,  not  exceeding  three  hundred  square 
feet,  on  paying  therefor,  if  residing  in  the  city,  four  cents  per  square 
foot  to  the  city  Treasurer ;  if  residing  out  of  the  city,  fifteen  cents 
per  square  foot. 

5.  It  is  earnestly  recommended  by  the  Commissioners,  for  the  sake 
of  keeping  the  springs  and  wells  of  the  city  uncontaminated,  and 
from  other  weighty  considerations,  that  the  citizens  desist  from  the 
practice  of  interring  their  dead  in  private  lots. 


THE  CITY  NIGHT  WATCH, 

Consisting  of  such  a  number  of  competent  persons  as  the  Board 
of  Commissioners  may  fix  upon,  shall  be  elected  every  three  months. 

2.  The  Watch  shall  be  un  ler  the  control  of  the  Intendant  of  Po¬ 
lice,  who  shall  call  them  out  at  such  times  (not  less  than  four  nights 
in  each  week)  as  he  may  judge  necessary,  under  the  following  regu¬ 
lations  : 

1st.  The  Watch  shall  report  to  the  Intendant  on  each  morning 
succeeding  duty,  and  shall  also  repair  dail}'"  to  his  office,  for  the  pur¬ 
pose  of  receiving  the  Guard  order. 

2d.  The  Watch  is  to  patrol  the  streets  till  a  certain  hour  in  the 
morning,  which  the  Intendant  prescribes  ;  they  are  directed  to  secure 
in  jail  all  suspicious  or  disorderly  persons,  wdietber  white  or  black, 
until  morning,  when  they  are  dealt  with  according  to  law.  The 
Watch  is  to  be  particular  in  respect  to  fire  ;  in  case  of  any  breaking- 
out,  the  bells  are  to  be  rung,  in  order  to  alarm  the  citizens.  The 
Watch  is  not  to  enter  any  house,  yard  or  kitchen,  except  in  pursuit 
of  a  fugitive,  or  where  some  disorder  may  be  heard.  They  are  not 
to  inflict  any  punishment,  except  under  extraordinary  circumstances, 


re 


ORDINANCES  FOR  THE 


but  leave  this-  to  be  directed  by  the  Intendant  of  Police,  to  wlionv: 
xhey  are  to  report  in  tlie  morning. 

3.  Whenever  any  member  of  the  Guard  is  imable,  from  sicknes.^ 
or  other  unavoidable  cause,  to  act,  he  shall  have  the  fact  made  known 
to  the  Intendant,  who  is  hereby  authorized  to  employ  a  substitute  for 
the  particular  occasion, — the  expense  of  sucdi  substitution  to  be  de¬ 
ducted  from  any  amount  due  the  absentee* 


FIRE  COMPANIES.. 

1.  The  Intendant  shall  forthwith  (and  hereafter  during  the  montF 
of  January  in  each  and  every  year')  take  the  necessary  measures,  in 
pursuance  of  the  act  of  the  General  xVsseinbly  of  182d-’7,  for  or¬ 
ganizing  three  Fire  Companies  Tor  this  city,  two  of  the  said  compa¬ 
nies  to  consist  of  forty  men  each,  and  the  other  of  twenty,  (to  be  in¬ 
creased  to  forty,  if  necessary.)  the  first  two  to  be  known  as  Fire 
Companies,  Nos.  1  and  2,  and  the  other  as  the  Hook  and  Ladder 
Company. 

2.  It  shall  be  the  duty  of  the  said  companies  to  meet  at  such  time- 
and  place,  for  exercise  an-d  inspection,  as  may  be  directed  by  the 
captains  (jf  the  several  companies,  "whose  duty  it  shall  be  to  cause 
notice  to  be  given  to  their  respective  members,  and  in  case  any  ofii- 
cer  shall  fail  to  give  such  notice,  or  to  appear  at  such  time  andplace^ 
without  a  good  and  sufficient  excuse  for  such  failure,  he  shall  be  sub¬ 
ject  to  a  fine  of  ten  dollars  for  every  such  default :  and  in  case  of 
failure  by  a  private  member  to  appear,  he  shall  be  subject  to  a  fine 
of  one  dollar. 

3.  It  shall  be  the  duty  of  the  said  companies,  upon  the  alarm  of 
fire,  to  proceed  at  once  to  the  engine-house,  and  thence  with  their 
respective  machines  to  the  fire,  where  they  shall  be  under  the  con¬ 
trol  and  direction  of  their  captains  respectively,  and  in  case  of  fire, 
if  any  of  the  officers  of  the  said  company  shall  fail  to  appear,  or 
shall  absent  himself  fro?ii  his  duty,  he  shall  be  subject  to  a  fine  of 
twenty  dollars  for  every  such  default,  and  may  be  removed  from  his 
<3ffice  by  the  Board  of  Oomraissioners,  or,  if  a  private  member,  to  a 
fine  of  five  dollars  for  every  such  default. 

4.  It  shall  be  the  duty  of  the  captain  of  each  company  to  keep  a 
roll  of  the  members  of  his  company,  which  roll  shall  be  called  when¬ 
ever  the  company  may  be  ordered  out  for  exercise,  and  also  at  every 
fire ;  and  it  shall  be  the  d  ty  of  the  captains  to  return  to  the  Com¬ 
missioners  a  list  of  the  men  bers  absent,  or  who  being  present  shall 


'GOVERNMENT  OF  THE  CITY  OF  RALEIGH.  77 

refuse  to  perform  their  duty,  who  shall  cause  the  delinquents  to  he 
'notified,  and  unless  good  and  sufficient  excuses  are  rendered,  shall 
confirm  the  fines  herein  named,  and  direct  the  same  to  be  collected 
'at  their  next  regular  meeting  thereafter,  and  to  be  paid  into  the  city 
treasuiy. 

5.  It  shall  be  the  duty  of  the  several  captains  to  be  present  at 
•each  meeting  of  their  respective  companies  for  exercise  and  at  every 
fire,  and  to  take  the  entire  charge  and  direction  of  said  companies 
at  such  fire,  to  inspect  the  engines,  hooks  and  ladders,  and  report  to 
the  Board  any  neglect,  injury  or  abuse  of  the  same,  to  recommend 
such  alterations  or  repairs  as  they  may  deem  necessary  to  the  Board 
of*  Commissioners,  and  especially  to  see  that  there  is  at  all  times  a  full 
supply  of  water,  as  far  as  the  means  of  the  city  will  permit. 

6.  In  case  ef  fire,  it  shall  be  the  duty  of  the  Intendant  of  Police 
fo  attend  and  take  charge  of  the  Police  Department ;  in  case  of  the 
removal  or  exposure  of  property,  he  shall  detail  a  sufficient  number 
of  citizens,  not  members  of  the  Fire  Department,  who  shall  constitute 
an  auxiliary  police  force,  whose  duty  it  shall  be,  under  direction  of 
the  Intendant,  to  guard  all  exposed  property,  and  detain  all  sus¬ 
picious  and  disorderly  persons,  and  do  whatever  may  be  lawfully 
done  to  protect  the  rights  of  the  citizens  and  preserve  the  public 
qteace. 


PUBLIC  SCALES.  • 

1.  All  fodder,  cats,  hay  and  other  provender,  sold  in  this  market, 
•shall  be  weighed  at  the  public  scales,  and  the  AYeigh-Master  shall 
irive  a  certificate  of  the  weio^ht  of  the  load,  and  also  of  the  cart  or 
wagon  when  unloaded,  and  if  any  person  shall  sell  or  buy  any  fod¬ 
der,  oats,  hay  or  other  provender,  witheut  the  same  being  weighed, 
as  herein  directed,  he  or  they  shall  be  fined  the  sum  of  five  dollars 
for  each  offence,  one-half  to  the  informant,  and  the  other  half  to  the 
city,  to  be  recovered  by  warrant  before  the  Intendant  or  any  Justice 
of  the  Peace. 

2.  There  shall  be  a  "VVelgh-Master  appointed,  whose  duty  it  shall 
be  to  take  charge  6f  the  scales,  and  weigh  all  articles  which  may  be 
oflfered,  giving  a  correct  certificate  of  the  weight,  signed  by  himself. 
The  Weigh-Master  shall  make  the  following  charges :  For  each  load 
weighing  less  than  five  hundred  pounds,  ten  cents ;  more  than  five 
hundred  and  less  than  one  thousand  pounds,  fifteen  cents ;  over  one 
thousand  pounds,  twenty  cents. 

3.  The  Weigh-Master  shall  keep  a  correct  account  of  the  name  of 
the  person,  the  weight  of  each  load,  and  the  amount  charged  for 


7S 


ORDINANCES  EOR  THE 


weighing,  and  shall  be  entitled  to  one-half  of  the  receipts  for  hD 
services. 


CITY  HALL. 

1.  No  Commissioner  shall  give  his  consent,  out  of  the  Board, 
for  any  person  to  give  or  hold  any  lecture  or  performance  in  the  City 
Hall. 

2.  The  City  Hall  shall  be  gratuitously  used  for  the  following  pur¬ 
poses,  to  wit :  Public  meetings  of  the  citizens,  meetings  of  the  Com¬ 
missioners  of  the  city.  Fire  Companies,  Uniform  Military  Companies, 
City  Watch,  and  private  associations  or  societies  of  the  city.' 

3.  The  sum  of  five  dollars  shall  be  paid  for  each  ball  or  dancing 
party,  or  for  each  concert  or  other  exhibition  per  day  or  night  by 
itinerant  persons. 

4.  It  shall  be  the  duty  of  the  city  Constable  to  collect  the  same 
every  night,  and  the  next  morning  pay  over  four  dollars  to  the  city 
Treasurer,  and  take  his  receipt  for  the  same,  retaining  one  dollar  as 
his  compensation  for  attending  to  the  putting  out  of  the  fire  and 
lights,  and  locking  the  doors  after  the  company  have  left. 


TAX  ON  CIRCUS,  SHOWS,  &c. 

1,  A  tax  of  fifteen  dollars  per  day  and  night  shall  be  imposed  on  ever}’’ 
Circus  exhibition  or  performance ;  ten  dollars  on  every  menagerie 
per  day  and  night ;  five  dollars  on  every  Show,  Concert  or  other 
exhibition  or  performance  within  the  city  per  day  and  night,  with  use 
of  City  Hall ;  five  dollars  per  year  on  every  organ-grinder  or  street 
musician  of  any  kind ;  and  that  the  city  Constables  be  directed  to 
collect  the  same  and  pay  it  over  to  the  city  Treasurer. 


LICENSE. 

1.  The  Intendant  shall  have  power  to  employ  an  Attorney  to  take 
charge  of  and  defend  all  cases  coming  before  the  County  or  Superior 
Courts  of  Wake,  involving  a  violation  of  the  city  charter  and  laws, 
relative  to  license  or  any  other  matters,  and  he  shall  be  allowed  the 
usual  fee  in  all  cases  in  which  he  may  act. 


GOVERNMENT  OF  THE  CITY  OF  RALEIGH. 


79 


2.  A  tax  of  twenty-five  dollars  shall  be  imposed  on  each  person  ob 
taining  a  recommendation  to  the  County  Court  from  the  Commissioners 
to  retail  spirituous  liquors  by  the  small  measure,  and  the  applicant 
shall  pay  the  above  sum  to  the  Clerk  before  the  recommendation 
shall  be  issued  by  the  said  Clerk  of  the  Board  of  Commissioners. 

3.  The  Commissioners  of  the  city  of  Raleigh  will  not  sign  any 
recommendation  to  the  County  Court  for  persons  to  retail  spirituous 
liquors,  or  cause  applicants  to  be  recommended,  except  the  Board  of 
Commissioners  shall  be  in  session,  as  they  consider  any  recommenda' 
tion  signed  out  of  the  Board  illegal. 

4.  The  Commissioners  will  not  act  on  any  application  for  license 
to  retail  spirituous  liquors,  except  at  the  regular  meetings  of  the 
Board. 

8.  No  person  shall  be  recommended  by  the  Board  of  Commission¬ 
ers,  who  shall  make  application  for  a_  recommendation  to  the  County 
Court  to  retail  spirituous  liquors,  who  shall  open  a  house  or  build  a 
shop  for  the  purpose  of  retailing,  within  twenty  feet  of  the  several 
boundaries  of  Market  square. 


CLERK’S  FEES. 

1.  The  Clerk  to  the  Board  of  Commissioners  shall  be  entitled  to 
demand  and  receive  for  every  certificate  he  may  give  for  applicants 
for  auctioneers,  or  otherwise,  when  the  recommendation  of  the  Board 
of  Commissioners  is  required,  a  fee  of  one  dollar  from  the  applicant 
when  he  applies  for  the  certificate. 

2.  The  Clerk  to  the  Board  of  Commissioners  shall  be  authorized 
to  demand  and  receive,  from  each  and  every  person  recommended  by 
the  Board  for  retail  license,  the  sum  of  one  dollar,  as  his  fee  for  the 
same. 

3.  The  Clerk  to  the  Board  of  Commissioners  shall  bo  privileged 
to  demand  and  receive  the  sum  of  twenty-five  cents  from-each  and 
every  person  of  color  who  may  be  licensed  to  reside  within  the  city 
of  Raleigh,  by  a  committee  of  the  Board  of  Commissioners. 


.  AUCTIONEERS. 

1.  It  shall  be  the  duty  of  the  city  Collector  to  call  the  first  Mon¬ 
day  in  every  month  on  the  auctioneers  of  the  city  of  Raleigh,  for  one 


80 


OHDIKANCES  FOE  THE 


per  cent,  on  tlie  amount  of  sales  made  bj  them,  for  the  use  of  the 
city,  as  allowed  by  act  of  Assembly,  (ch.  11,  sec.  7,  Eev.  Statutes.) 
When  received,  he  shall  pay  the  same  over  to  the  city  Treasurer,  and 
take  his  receipt  for  the  same. 


CONTAGIOUS  AND  INFECTIOUS  DISEASES. 

1 .  No  person,  Avithout  first  obtaining,  for  that  purpose,  the  permission 
of  the  Intendant  of  Police  or  the  Hoard  of  Commissioners,  shall 
knoAvingly  bring,  or  allow  to  be  brought,  or  shall  connive  at  the  bring¬ 
ing  into  the  city,  any  slave,  servant,  or  other  person,  in  his  or  her  em¬ 
ployment,  or  under  his  or  her  management  or  control,  such  slave,  ser¬ 
vant  or  other  person  being  afflicted  Avitli  small-pox  or  other  mortal 
disease  of  a  contagious  or  infectious  kind  ;  and  every  person  offend¬ 
ing  against  this  ordinance  shall  forfeit  and  pay  to  the  Commissioners 
of  the  city  of  Raleigh  two  hundred  dollars,  and  also  the  Avhole  amount 
of  all  expenses  and  charges  Avhich  the  corporation  may  become  liable 
to  pay,  by  reason  of  such  afflicted  j^erson  being  brought  into  the 
■city. 

2.  If  any  such  afflicted  person,  being  a  freeman,  shall  icome  into 
the  city,  Avithout  permission  as  aforesaid,  he  shall,  for  every  such 
offence,  forfeit  to  the  Commissioners  of  the  city  one  hundred  dollars. 

3.  The  Board  of  Commissioners  shall  liaAm  poAver  to  remove  from 
the  corporate  limits  of  the  city,  to  the  city  hospital,  or  to  any  other 
place  Avithout  the  limits,  any  person  who  may  be  afflicted  Avith  small¬ 
pox  or  other  mortal  disease,  of  an  infectious  or  contagious  nature.; 
and  it  shall  be  their  duty  to  do  so,  Avheiiever,  in  the  judgment  of  the 
Board,  such  removal  may  be  necessary  to  prevent  the  further  spread 
of  the  disease. 


DETTES,  &c.,  OF  CITY  CONSTABLES. 

1.  It  is  the  duty  of  the  city  Constables  to  suppress  all  disturbairces 
of  the  quiet  and  good  order  of  the  city  of  Raleigh,  and  to  arrest  all 
offenders  against  the  same. 

2.  To  see  that  all  the  laAvs  and  ordinances  of  the  city  are  strictly 
and  faithfully  carried  out  and  enforced. 

3.  To  prevent,  as  far  as  in  their  poAver,  any  injury  to  the  city  pro¬ 
perty  and  buildings,  and  report  to  the  Board  any  repairs  needed  to 
either. 


OOYER^^MENT  OF  THE  CITY  OF  RALEIGH.  81 

4.  To  keep  a  strict  watcli  to  ascertain  if  at  any  shop,  store  or  other 
house,  other  than  those  recommended  by  the  Board  of  Commissioners 
of  the  city,  ardent  spirits  are  retailed  in  quantities  less  than  one 
quart ;  and  upon  such  fact  coming  to  their  knowledge,  to  report  the 
same  to  this  Board  immediately, 

5.  To  endeavor  to  ascertain  if  any  shop-keeper  or  other  person 
sells  ardent  spirits  to  slaves,  or  traffics,  barters  or  otherwise  trades 
with  them,  or  shall  visit  such  houses  contrary  to  the  act  of  1826-’7, 
entitled  an  act  to  prohibit  the  trading  with  slaves  except  in  the  man¬ 
ner  herein  prescribed,  and  in  case  of  a  violation  of  said  law  by  them, 
to  report  the  same  to  the  Intendant,  or  to  the  County  Attorney  for 
Wake. 

6.  To  see  that  the  Night-Watch  of  the  city  enter  upon  their  round 
at  the  hour  appointed,  and  in  case  of  failure  to  report  the  fact. 

7.  To  superintend  all  hands  in  the  employ  of  the  city  in  working 
upon  the  streets,  &c. 

8.  To  keep  a  strict  watch  upon  the  suburbs  of  the  city,  particular¬ 
ly  on  the  Sabbath  day,  to  prevent  the  unlawful  congregation  of  ne¬ 
groes,  and  selling  them  ardent  spirits  on  that  day  contrary  to  law. 

9.  It  shall  be  required  of  the  Constables  a  faithful  and  prompt 
execution  of  the  above  duties,  and  all  others  pertaining  to  the  office 
of  Constable  of  the  city,  under  such  restrictions  and  requirements  as 
the  laws  of  the  city  and  State  authoriso,  a  wilful  neglect  of  which 
duties  shall  subject  them  to  dismissal  by  the  Commissioners. 

10.  The  city  Constables  are  directed  and  authorised  to  patr(A  the 
streets  of  the  city  of  Raleigh  at  night,  and  on  the  Sabbath  daj^nd 
to  whip  all  blacks  who  may  be  roving  about  the  streets  without  a 
permit  from  their  masters,  overseers  or  owners. 


BOARD  OF  IIEALTIL 

1.  The  Medical  Faculty  of  the  city  shall  be  appointed  a  Board  of 
Health,  and  they  are  hereby  so  constituted,  and  they  are  respectfully 
requested,  each  one  for  himself,  to  communicate  to  the  Intendant  of 
Police,  in  writing,  on  the  first  day  of  each  month,  the  number  of 
deaths  occurring  in  his  practice  in  the  limits  of  the  city,  within  tho 
month  preceding,  and  the  diseases  of  which  the  patients  died. 


o 


5 


LEGISLATIVE  ENACTMENTS. 

PAGfE. 

An  ordinance  fixing  the  seat  of  Government  of  North  Carolina — [1787,]  ,  3 

An  ordinance  for  establishing  a  place  for  holding  the  future  meetings  of  the 
General  Assembly,  and  a  place  of  residence  of  the  chief  officers  of  the  State — 

[1778,] . .  .  .  .  .  .  .3 

An  act  to  carry  into  effect  the  ordinance  of  the  Convention  held  at  Hillsborough, 
in  July  one  thousand  seven  hundred  and  eighty-eight,  entitled  “  an  ordinance 
for  establishing  a  place  for  holding  the  future  meetings  of  the  General  Assem¬ 
bly,  and  the  place  of  residence  of  the  chief  officers  of  the  State” — [1791,] 

An  act  to  confirm  the  proceedings  of  the  Commissioners  appointed  under  an'  act 
at  the  last  General  Assembly,  entitled  “  an  act  to  carry  into  effect  the  ordinance 
of  the  Convention  held  in  Hillsborough,  July  1788,  entitled  an  ordinance  for 
establishing  a  place  for  holding  the  future  meetings  of  the  General  Assembly, 
and  the  place  of  residence  of  the  chief  officers  of  the  State” — [1792,] 

An  act  to  amend  an  act,  entitled  “  an  act  to  carry  into  effect  the  ordinance  of  the 
Convention  held  at  Hillsborough,  in  July  1788,  entitled  an  ordinance  for  estab¬ 
lishing  a  place  for  holding  the  future  meetings  of  the  General  Assembly,  and 
the  place  of  residence  of  the  chief  officers  of  the  State,” — (1794,]  . 

First  act  of  incorporotion, — [1794-’95,]  . . 

An  act  to  continue  in  force  the  foregoing  act, — [1797,].'  ..... 

An  act  to  revive  and  amend  the  foregoing  act, — [1801,]  ..... 
Second  act  of  incorporation, — [1803,]  ......... 

An  act  for  the  appointment  of  auciioneers, — [1806,] . . 

An  act  dividing  the  city  of  Raleigh  into  three  Wards,  and  to  amend  an  act  enti¬ 
tled  “  an  act  for  the  government  of  the  city  of  Raleigh,  and  for  repealing  all 
former  acts  jjassed  for  this  purpose, — [1806,]  ....... 

An  act  to  amend  an  act  passed  in  the  year  1806,  entitled  “  an  act  dividing  the  city 
into  three  Wards,”  and  to  amend  an  act,  entitled  “  an  act  for  the  Government 
of  the  city  of  Raleigh,  and  for  repealing  all  former  acts  passed  for  this  pur- 

jjose,” — [1809,] . 

An  act  to  explain  and  amend  the  first  section  of  an  act  passed  in  1806,  as  far  as 
respects  the  division  of  the  city  of  Raleigh  into  three  Wards, — ^^[1811,]  . 

An  act  for  the  better  Government  of  the  city  of  Raleigh, — [1813,]  . 

An  act  to  revive  the  second  section  of  an  act  passed  in  the  year  1801,  entitled 
“  an  act  to  revive  an  act  passed  in  the  year  1794,  for  the  regulation  of  the  city 
of  Raleigh,  and  to  amend  the  same,  and  for  other  purposes, — [1814,] 

An  act  to  enable  the  Intendant  of  Police  and  Commissioners  of  Raleigh  to  sup¬ 
ply  the  city  with  water,  and  for  other  purposes, — [1815,]  .... 

An  act  for  the  better  regulation  of  the  city  of  Raleigh, — [1816,]  , 

An  act  increasing  the  power  of  Commissioners  of  incorporated  towns,  in  regard 
to  dogs  within  the  same,  and  other  matters,  ....... 

An  act  directing  the  sale  of  certain  public  land  adjoining  the  city  of  Raleigh,  and 

for  other  purposes, — [1819,]  . . 

An  act  to  amend  an  act  entitled  an  act  laying  duties  on  sales  at  auction  of  mer¬ 
chandise, — [1820,] . .42 


6 


8 

9 

IS 

15 

17 

25 


27 


29 

30 
32 


34 

36 

37 

38 


INDEX. 


81 


Page. 

An  act  in  addition  to  former  acts  passed  for  the  Government  of  the  city  of  Ra¬ 
leigh, — [1821,]  .  . . .  .  .  .  .  .42 

An  act  to  provide  against  the  introduction  and  spreading  of  contagious  or  infec¬ 
tious  diseases  in  this  State,— [I  S24-’5,]  .  .  ,  .  .  .  .  .  .44 

An  act  for  the  better  protection  of  the  city  of  Raleigh  from  losses  by  fire, — [1826-’7,]  45 

An  act  to  amend  an  act  passed  in  the  year  eighteen  hundred  and  fourteen,  en¬ 
titled  an  act  to  revive  the  second  section  of  an  act  passed  in  the  year  one 
thousand  eight  hundred  and  one,  entitled  an  act  to  revive  an  act  passed  in  the 
year  one  thousand  seven  hundred  and  seventy-live,  for  the  regulation  of  the 
city  of  Raleigh,  and  to  amend  the  same,  and  for  other  purposes, — [1834,]  .  48 

An  act  to  enable  the  Commissioners  of  Raleigh  to  appoint  Trustees  of  the  Rex 
Hospital  Fund,  and'  to  efe'ct  such  Trustees  into  a  body  corporate,  and' for 

other  purposes, — [1841,]  .  ...  . . 49 

An  act  to  ainend  the  act  of  1792-’3,  and  the  several  subsequent  acts,  for  the 
regulation  of  the  city  of  Raleigh,  and  to  authorise  the  Intendant  of  Police  and 
the  Commissioners  of  said  city  to  levy  a  special  or  guard  tax  for  said  city, — 
[1843,]  ..............  52 

An  act  to  invest  the  Intendant  of  Police  of  the  city  of  Raleigh  with  the  same 
powers  and  authorities,  within  that  cor])qration,  as  is  exercised  by  Justices  of 
the  Peace,  and  for  other  purposes, — [1837,]  .......  53 

An  act  granting  free  use  of  stone  from  the  quarry  to  the  Commissioners,— [1845,]  51 

An  act  to  pirotect  from  injury  the  lots  belonging  to  the  State  in  the  city  of  Raleigh, 
—[1847,]  .  Oo 

An  act  to  amend  an  act,  passed  in  the  year  1803,  entitled  an  act  for  the  Govern¬ 
ment  o*f  the  city  of  Raleigh, — [1851.] . 55 


f 

An  ordinance  concerning 

ORDINANCES. 

the  destruction  of  trees  upon  the  public  squares 

Page  63. 
or 

grounds. 

•  « 

>••••• 

• 

.  No.  1 

An  ordinance 

concerning 

encroachments  .... 

• 

2 

Do 

do 

obstructions  in  the  streets,  . 

• 

3 

Do 

do  ^ 

chimneys,  of  what  materials,  . 

. 

4 

Do 

do 

trees  or  posts, 

. 

.  5 

Do 

do 

guns  or  other  fire-arms,  . 

• 

G 

Do 

do 

free  negroes  residing  in  the  city, 

Page  61. 
7 

Do 

do 

slaves,  ..... 

• 

S 

Do 

do 

public  pumps, 

• 

9 

Do 

do 

free  persons  of  color  ganiing  with  slaves, 

• 

10 

Do 

do 

wanton  injury  on  private  property, . 

• 

11 

Do 

do 

the  vending  of  spirituous  liquors, 

. 

12 

Do 

do 

autters,  .... 

13 

Do 

do 

filth  ill  public  wells, 

• 

14 

Do 

do 

powers,  etc.,  etc.,  of  city  Constables, 

Nos.  1 

Page  65. 
5  and  16 

Do 

do 

Capitol  square, 

. 

17 

Do 

do 

feeding  horses,  etc.,  in  streets,  . 

• 

IS 

Do 

do 

clay  or  dirt  in  streets, 

• 

19 

Do 

do 

public  squares,  . 

Page  66. 
^20 

Do 

do 

slaves  misbehaving  10  white  females,  etc., 

21 

Do 

xlo 

the  sale  of  food,  iliel,  etc.,  hy  slaves, 

- 

22 

Do 

do 

appointment  of  city  Coiistal)lcs, 

t 

23 

INDEX 


85 


Park  GG. 


ordinance 

concerning  trial  of  offences,  ete., 

•  • 

No.  24 

Do 

do 

stoves,^-^ 

• 

25 

Do 

do 

chimneys  taking  fire, 

•  • 

26 

Do 

do 

“blacksmith’s  and  baker’s  shops. 

•  • 

27 

Page  67. 

Do 

do 

buildings  of  wood  within  certain  boundaries, 

28 

Do 

do 

fires  in  the  streets, 

•  • 

29 

Do 

do 

open  cellars,  . 

•  • 

30 

Do 

do 

goods  sold  at  auction,  without  authority, 

31 

Do 

do 

removal  of  sand,  etc.,  from  streets  and  squares, 

32 

Page  68. 

Do 

do 

cisterns,  .... 

•  • 

33 

Do 

do 

trimming  trees, 

5 

34 

Do 

do 

riding  or  driving  at  great  speed  in  streets. 

35 

Do 

do 

riding,  driving,  etc.,  horses  on 

side-walks,  and 

straining  horses  in  streets, 

•  • 

36 

Do 

do 

stopping  vehicles  on  side-walks. 

•  • 

37 

Do 

do 

the  Sabbath, 

.  .  Pages  69,  70 

Do 

do 

the  Market, 

•  • 

70,  71,  72 

Do 

do 

the  Parsonages, 

•  • 

72 

Do 

do 

Nuisances,  .  .  i 

•  • 

72,  73,  74 

Do 

do 

Dogs,  .... 

•  • 

74 

Do 

do 

the  Grave-Yard, 

«  • 

75 

Do 

do 

the  CitY  Night  Watch, 

«  • 

.  75,  76 

Do 

do 

Fire  Companies,  .  '  . 

•  • 

76,  77 

Do 

do 

Public  Scales, 

•  • 

77 

Do 

do 

City  Hall, 

•  • 

78 

Do 

do 

Circus,  Shows,  &c.,  . 

•  • 

78 

Do 

do 

License,  .... 

•  • 

78,  79 

Do 

do 

Clerk’s  Fees, 

»  • 

79 

Do 

do 

Auctioneers, 

•  • 

79 

Do 

do 

Contagious  and  Infectious  Diseases, 

80 

Do 

do 

Duties  of  City  Constables,  . 

•  *  a 

80,  81 

Do 

do 

Board  of  Health,  . 

*  • 

81 

(Boirtr  a® [Es>® [Eiiir a®ii!! 

FOR  18  54. 


WILLIAM  DALLAS  HAYWOOD, 

INTENDANT  OF  POLICE. 

COMMISSIONEES. 

.  MIDDLE  WARD. 

CHARLES  B.  ROOT, 

SEATON  GALES, 

ISAAC  PROCTER,  v  v, 

WESTERN  WARD. 

ALEX.  M.  GORMAN,  ^ 

S.  W.  WHITING.  r 

EASTERN  WARD. 

.  DR.  WM.  H.  McKEE, 
ELDRIDGE  SMITH. 

CHARLES  B.  ROOT,  Treasurer. 

JNO.  J.  CHRISTOPHERS,  Clerk. 

JAMES  H.  MURRAY,  Constable. 

BRYANT  MILLER,  Assistant  Constable. 


.  ’  ^ 


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